A class action lawsuit challenges the use of the AI-based Security Assessment for Evaluating Risk (SAFER) tool in Ontario jails, alleging it disproportionately places Black prisoners in maximum-security facilities due to embedded racial biases.
- SAFER tool used since 2021 for prisoner risk assessment in Ontario
- Black prisoners overrepresented in maximum security placements
- Lawsuit alleges racial bias and lack of safeguards for Black inmates
What happened
An investigation by The Breach uncovered that the Security Assessment for Evaluating Risk (SAFER), an AI tool employed in Ontario correctional facilities, disproportionately assigns Black prisoners to maximum security conditions. The tool produces risk scores based on arrest history, disciplinary records, and other data to determine security level placements.
The findings highlight that although Black individuals constitute approximately 5% of Ontario’s population, they represented nearly 27% of inmates classified as maximum security between 2022 and 2025. A class action lawsuit filed by Koskie Minsky law firm alleges that the tool’s dependence on historical justice data entrenches racial disparities, and Ontario authorities failed to implement corrective measures for Black prisoners similar to those for Indigenous inmates.
Why it matters
The disproportionate placement of Black prisoners in maximum security indicates systemic bias potentially encoded in the AI-based SAFER tool. Given that risk assessment outcomes directly affect inmates' conditions and access to privileges, biased classifications can have severe consequences for fairness and rehabilitation.
The lawsuit underscores the challenges of deploying AI in criminal justice without adequately addressing historical inequities. Acknowledgement by internal documents that SAFER contributes to racial overrepresentation points to the need for transparency, evaluation, and redesign of such tools to prevent perpetuating discrimination under the guise of automation.
What to watch next
Ontario’s Ministry of the Solicitor General is currently reviewing the SAFER program amid ongoing complaints and scrutiny regarding its impact on Black and Indigenous prisoners. The review’s outcomes and any resulting policy changes will be closely monitored by advocacy groups and legal observers.
The class action lawsuit’s progress will also be pivotal in holding the province accountable for AI-driven decision-making and may influence broader discussions on fairness, equity, and governance in the use of artificial intelligence within the criminal justice system.