Canadian Lawyer

8 A U G U S T 2 0 1 7 w w w . C A N A D I A N L a w y e r m a g . c o m C E N T R A L \ AT L A N T I C \ C E N T R A L \ P R A I R I E S \ W E S T REGIONAL WRAP-UP Lavery launches AI lab I f he was a science fiction writer, Montreal lawyer Jean-Sébastien Desroches says he'd have no trouble coming up with Terminator-like plot lines that tap into people's fears over the rise of artificial intelligence. But as practice leader of the busi- ness law group at one of the largest legal firms in la Métropole, he's instead working to hone an original initiative to monitor, analyze and understand arti- ficial intelligence projects and advance- ments from a purely legal perspective. "We're looking at the issue through lawyers' eyes," Desroches said about the new Lavery Lab on Artificial Intel- ligence. "People have many different views about AI, from friendly to terrifying. But the reality is that AI is already part of our daily lives. So it's important to know the legal ramifications involved so we can better advise our clients." Launched earlier this year, the Lav- ery Lab is essentially an AI essay pool to which the firm's collectivity of 200 lawyers can contribute. "It's really a think tank; we don't wear white coats or anything," quipped Desroches. Of study interest, he said, are any and all projects, developments and announcements involving AI and the expected or potential legal impacts and peculiarities those changes might have on companies and industries in seven different sectors. Those sectors include ethics, health care, labour, finance and economy, ener- gy and resources, science and technolo- gies and manufacturing, transportation and logistics. Desroches and Lavery colleague Katherine Athanasopoulos penned the first of the half-dozen essays that have been published by the lab since late March. Entitled Artificial Intelligence and the 2017 Canadian Budget: is your busi- ness ready?, their paper considered the potential impacts of both the $35 million the federal government will spend over the next five years on col- laborative research networks on AI and deep learning and the $125 million earmarked for the launch of the Pan- Canadian Artificial Intelligence Strategy to make Canada a world-class destina- tion for companies in the AI field. "Influence on the international scene cannot be achieved without govern- ment supporting research programs and our universities contributing their expertise," write Desroches and Atha- nasopoulos. "This budget is, therefore, a step in the right direction to ensure that all the activities related to artificial intelligence, from R&D to marketing, as well as design and distributions, remain here in Canada." Their paper also provides a rundown of the many tax measures that support AI across Canada, a sector they say "could help generate strong economic growth by improving the way in which we produce goods, deliver services and tackle all kinds of social challenges." Other lab essays tackle issues such as contractual obligations of AI and the potential for discriminatory behaviour or actions by AI systems used to serve customers or support employees. "One must not make the mistake of assuming that such a computer system will automatically perform its tasks flawlessly and in compliance with the values of the business or its customers," reads the latter article by Lavery lawyer Eric Lavallée. Like other lab entries, Lavallée cites and provides links to scientific studies and legal cases on the issue of bad, even racist AI behaviour "to the point of forc- ing an operator to suspend access to it system." According to Desroches, a com- mercial lawyer who focuses mostly on mergers and acquisitions and infra- structure and project development, it was exactly those kinds of anecdotal and recorded legal peculiarities con- nected to the application of AI in com- panies and industries that led him to conceive of the new AI lab late last year. "I go to a lot of events and lunches with clients and many of them talk about the growing use of AI, but each time with a different focus related to their area of business," he said. He added that, unlike AI developers, the Lavery lab seeks to develop both a databank and expertise to provide clients with a unique and tailor-made perspective to their area of activity. "AI systems are based on access to a large amount of data and a capacity to process that info rapidly," he said. "But things get really interesting from a legal standpoint when these tools propose solutions that are superior to human capacity." In addition to developing a new ser- vice that Lavery can provide clients to help them evaluate the potential risks and liabilities of both using and offering AI products and services, Desroches said the goal of his firm's new lab is to establish working relationships with outside partners such as university researchers and private groups. — MARK CARDWELL Jean-Sébastien Desroches

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