Artificial intelligence and automated decision-making are no longer theoretical. These systems are already embedded in how Immigration, Refugees and Citizenship Canada (IRCC) triages applications, flags risk, and issues some approvals without an officer ever opening the file. At the OBA's recent two-hour CPD program, a panel of leading experts discussed AI: Honourable Justice G. Richard Mosley, Professor Paul Daly from the University of Ottawa, Anna Lillicrap from the Department of Justice, Emmanuelle Deault-Bonin, a senior policy director at IRCC, and Mario Bellissimo, a senior immigration lawyer. Their message was consistent: artificial intelligence is expanding in immigration decision-making, the legal framework is growing but incomplete, and counsel must sharpen their understanding of these AI tools to protect both their clients and the integrity of the process.
The use of advanced analytics began in 2013, initially to manage Temporary Resident Visa backlogs. By 2018, IRCC was relying on automated models to triage files, moving low-risk applications through streamlined processes. Today, positive decisions in certain categories may be generated without an officer’s review, while negative decisions continue to require full officer input. The legislative authority for this system sits in Part 4.1 of the Immigration and Refugee Protection Act, which permits the use of electronic systems in administering the Act. That statutory authority is reinforced by internal governance structures, algorithmic impact assessments, and operational policies. A department-wide artificial intelligence strategy, aligned with the federal Digital Charter, is expected to be released soon.