November 2024
Recent headlines about CanLII (Canadian Legal Information Institute)'s lawsuit against Caseway AI have sparked important conversations in Canada's legal tech community (Article in Law360Canada). As AI tools for legal research proliferate, there's growing tension between innovation and data rights. As the builders behind a legal-research overlay on CanLII, called CanDoo AI, we're often asked about our approach to using CanLII's data. This recent controversy offers an important opportunity to discuss not just how we operate differently, but why the future of legal tech depends on finding the right balance between innovation and respect for established institutions.
Let's clear up a common misconception. The heart of this debate isn't about accessing individual court decisions - CanLII already provides these brilliantly and freely to the public. The real challenge lies in bulk access to case law datasets which have been curated over years.
At CanDoo AI, we've developed our automated case briefing tool to work symbiotically with CanLII's platform, not against it. When our users request a case brief, our system accesses individual cases through proper channels - just like a lawyer would when researching. The key difference is that instead of downloading cases in bulk for training, our AI analyzes each case on-demand, creating structured briefs that save lawyers hours of work while fully respecting CanLII's terms of service. This approach maintains clear attribution to CanLII's invaluable database and ensures we're not engaging in systematic downloading or masking of content. We believe this demonstrates how legal tech can innovate powerfully while working within established frameworks - our users get the efficiency of AI-powered case briefing while CanLII's content remains properly protected and attributed. It's proof that compliance and cutting-edge functionality aren't mutually exclusive.
As former CanLII CEO Colin Lachance recently pointed out in an article with the Canadian Lawyer, there are only two official sources which have large amounts of publicly accessible legal docs in Canada: CanLII itself and the Quebec Bar's library system (CAIJ). According to Caseway AI, this restriction on bulk downloads creates a potential bottleneck for innovation, but we argue that the solution isn't to bypass existing systems - it's to transform them through collaboration.
Think of legal data like a massive library. Anyone can check out a book (or in this case, look up a court decision), but wholesale copying of the entire collection - including its careful organization and curation - is another matter entirely. CanLII's work in reviewing, analyzing, and organizing Canada's case law represents years of dedicated effort and expertise. When we started CanDoo AI, we decided to take the approach of respecting CanLII’s efforts to provide this free resource. We believe that respecting copyright and working within established frameworks isn't just about following rules - it's about building sustainable foundations for innovation.
The legal tech revolution is inevitable, but how we achieve it matters. Instead of trying to make existing platforms "irrelevant" (as some have suggested), we should focus on creating value through collaboration. This approach ensures that everyone wins - tech companies get the data they need, institutions like CanLII are properly compensated for their work, and most importantly, legal professionals get better tools to serve their clients.
The future of legal technology in Canada doesn't have to be adversarial. We envision a ecosystem where:
As we watch this legal battle unfold, let's remember that today's choices will shape tomorrow's legal tech landscape. At CanDoo AI, we're committed to showing how innovation can thrive while respecting the foundations it builds upon.
Let's build that future together, the right way.
We encourage you to explore our tool and share your feedback! We're always looking for ways to improve and deliver the best possible experience for you.
Reach out at Hello@candoo.ai at anytime!
The CanDoo Team
