Teresa Scassa - Blog

Regulatory sandboxes are a relatively recent innovation in regulation (with the first one being launched by the UK Financial Authority in 2015). Since that time, they have spread rapidly in the fintech sector. The EU’s new Artificial Intelligence Act has embraced this new tool, making AI regulatory sandboxes mandatory for member states. In its most recent budget, Canada’s federal government also revealed a growing interest in advancing the use of regulatory sandboxes, although sandboxes are…

A recent decision of the Federal Court of Canada (Ali v. Minister of Public Safety and Emergency Preparedness) highlights the role of judicial review in addressing automated decision-making. It also prompts reflection on the limits of emerging codified rights to an explanation. In July 2024, Justice Battista overturned a decision of the Refugee Protection Division (RPD) which had vacated the refugee status of the applicant, Mr. Ali. The decision of the RPD was based largely…