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Ontario lawsuit targets prison AI over Black inmates

A class action says Ontario’s SAFER risk tool pushes Black prisoners into maximum security at disproportionate rates.

Image: Mashable

An AI-based risk assessment tool used in Ontario jails is facing a class action lawsuit over claims that it disproportionately assigns Black prisoners to maximum-security conditions.

According to an investigation by The Breach, reported by journalist Desmond Cole, Ontario has used the Security Assessment for Evaluating Risk (SAFER) tool since 2021 to classify prisoners based on factors including arrest history and disciplinary history. The lawsuit, filed by Koskie Minsky, argues that the province knew the system’s dependence on historical justice data could reproduce long-documented racial disparities in policing and charging.

Data analyzed by University of Toronto criminologist Scot Wortley found that Black people account for roughly 5 percent of Ontario’s population, but made up nearly 27 percent of prisoners held in maximum security between 2022 and 2025. White people, The Breach reported, were significantly underrepresented in that category relative to their share of the population.

The suit also alleges that Ontario introduced mitigation measures for Indigenous prisoners without offering comparable protections for Black prisoners. Internal ministry training documents cited by The Breach acknowledged that:

“assessments like SAFER would likely contribute to the overrepresentation” of Indigenous and racialized people in maximum security.

Internal ministry training documents cited by The Breach

The Breach said neither Ontario’s Ministry of the Solicitor General nor Grant Duwe, the researcher credited with designing SAFER, responded to questions about the tool’s methodology or accuracy. An Ontario Ombudsman report cited in the investigation said it had received complaints about the tool’s disproportionate impact on Black and Indigenous prisoners, while a ministry review remains underway.

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Marcus Vance

Enterprise Editor

Marcus follows the money. He covers enterprise software, cloud architecture, and the tectonic shifts in Big Tech strategy. He translates dense earnings calls and complex M&A activity into actionable insights about where the industry is actually heading. If a tech giant makes a silent pivot, Marcus is usually the first to notice.

via Mashable

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