AI Is the Future of Law

I’m writing this in response to Hugh Stephens’ recent article, “Stop the Misinformation and Fearmongering: AI Companies Need to License the Content They Use for Training,” where he critiques my views on AI in Canada.

While I appreciate the dialogue around this critical issue, much of his argument misrepresents both the role of AI in the legal industry and the broader implications of ongoing lawsuits, including one against Caseway AI. I want to set the record straight.

Let’s begin with what we’re building at Caseway. We’re in settlement talks with CanLII over copyright concerns, but this hasn’t deterred us from pursuing our mission. We’re working on a free API for court decisions and a free, AI-powered legal research tool—something Canada currently lacks. Caseway has never bulk downloaded from CanLII.

We built Caseway to address critical gaps in access to legal information. In a country where 70% of people going through the justice system don’t have a lawyer, we believe innovating for the public good is vital. This statistic, reported by the Canadian Forum on Civil Justice, underscores many Canadians’ barriers: high legal costs, slow court processes, and a lack of accessible legal information.

We want to make it so more people hire law firms and get the help they need. Caseway is a stepping stone in that direction.

Why AI Matters for Access to Justice

Digital intelligence (I’m tired of the word AI) can democratize access to legal services. For example, legal tech software like ours can make it easier for individuals to research their cases, understand their rights, and even draft legal documents. This is critical because the current system is overwhelmed and inaccessible to many. It can take five years to get a trial date. Things are not going well in the Canadian courts.

A Toronto Star investigation found that legal fees and delays deter many Canadians from pursuing justice, while a Globe and Mail article highlighted systemic inefficiencies in the courts. These challenges create a justice gap that disproportionately affects marginalized communities.

The justice system needs bold solutions, and digital intelligence is uniquely positioned to provide them. By automating repetitive tasks, analyzing vast amounts of legal data, and generating user-friendly insights, digital intelligence can empower individuals and lawyers to work with the system more efficiently. At Caseway, we’re not just discussing what’s possible but building it. We can see the future.

Addressing Copyright Concerns

One of the central criticisms in Hugh Stephens’ article is that digital intelligence companies, including Caseway, misuse copyrighted materials during training. This accusation is wrong and oversimplifies the technology.

Digital intelligence models like ours do not store or reproduce content verbatim; instead, they analyze patterns in data to generate insights. This process is no more “copying” than a lawyer learning from past cases and applying that knowledge to a new client.

Hugh Stephens has also never seen our algorithms, so it’s bizarre that he feels comfortable explaining how our AI is trained to the world.

Yes, there are legal and ethical considerations around how AI models use publicly available data. We respect the rights of content creators and are open to licensing discussions where appropriate. But it’s important to recognize that publicly available information, like court decisions, belongs to the public domain. Taxpayers pay for it.  Restricting access to these materials under the guise of copyright stifles innovation and limits access to justice.

For example, the CanLII lawsuit against Caseway highlights the tension between protecting intellectual property and fostering innovation. While we’re committed to resolving this dispute, we also advocate for a more collaborative approach to legal data. Our vision is to create tools that are free, accessible, and beneficial to all Canadians—not just those who can afford high-priced legal services.

We are making our entire case law database available to the public to address these concerns. It should be ready by January 2025.

Lawsuits Won’t Stop Innovation

Hugh Stephens claims that lawsuits like the one from CanLII or those against OpenAI are necessary to protect creators and encourage licensing solutions. There are no API  connections or licensing deals for case law in Canada. So this suggestion doesn’t work.

While I agree that creators deserve fair compensation, suggesting that these lawsuits won’t harm innovation is wrong. Canada already lags behind countries like the U.S. and U.K. in digital intelligence adoption, and a hostile legal environment risks driving away talent and investment.

For example, Ireland has attracted AI companies with forward-thinking policies, while Canada risks being overly litigious. As argued in my Techcouver op-ed, lawsuits message AI companies: you’re not welcome here. Maybe that’s what some of the anti-Caseway people want.

I’ve already seen interest in moving digital intelligence development to regions with more innovation-friendly laws, such as Dubai and the Bahamas. This isn’t fearmongering—it’s the reality of a competitive global market. It’s how business works.

Building the Future Responsibly

At Caseway, we believe in a balanced approach that respects copyright while fostering innovation. Governments, creators, and digital intelligence companies must collaborate on frameworks that make legal data accessible while compensating those who create value. This is particularly important for legal information, foundational to a functioning democracy.

We’re taking proactive steps to lead this effort. Our free version of case law database with AI integration will make legal research faster and more intuitive. Our free API for court decisions will empower developers to create new tools for access to justice. Our AI-powered legal platform is designed with transparency and user needs in mind.

The Future of AI in Law

There’s no doubt that digital intelligence is the future of law. AI is already transforming the legal profession. But the real potential lies in its ability to make justice more accessible. The system is broken for too many Canadians, and incremental changes won’t fix it. We need bold ideas and innovative technologies to bridge the gap.

Stephens’ article raises important questions but ultimately misses the bigger picture. His suggestions also don’t work.  The debate over copyright and AI shouldn’t distract us from the urgent need to improve access to justice. At Caseway, we’re committed to being part of the solution.

For those who share our vision, let’s work together to build a legal system that works for everyone. The future isn’t something we wait for—it’s something we create.

Alistair Vigier is the CEO of Caseway, a legal technology company that uses AI to make the law easier.