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Canadian Legal Research Manual

This reference work was created by the Lederman Law Library to support Queen’s students learning legal research skills.

Using and Citing AI-Generated Content

As use of generative AI becomes more widespread, the legal industry is coming to terms with the idea of citing AI-generated content.

Citing genAI means acknowledging, disclosing, or otherwise referencing the use of genAI tools in creating content. 

In this section:

Requirements to Disclose GenAI Use

There are different considerations for citing genAI outputs in legal research that depend on your research context: whether you are conducting academic or practical legal research, or a combination of both (e.g. a practical assignment like a research memo that is being done for academic purposes like a grade).

1. Academic considerations

Students who are completing work for academic purposes must comply with academic integrity standards laid out by their institution.

The Queen's Law academic integrity policies state the use of AI can be considered a breach of academic integrity if it falls into the category of "unauthorized content generation":

"The production of academic work, in whole or in part, for academic credit, progression, or award, using unapproved or undeclared human or technological assistance." 

Queen's Faculty of Law, Academic Integrity Policy (2024) at 5.

 

Students wishing to use genAI in completing academic work should check their syllabus for their instructor's policy on AI use in that particular course. If there is no statement in the syllabus, ask your instructor if it is permitted in the course and remember to cite AI-generated content in accordance with the guidance below. 

Even if your instructor permits use of genAI, however, be aware that AI-generated content can contain factual errors, omissions, and biases. Always evaluate genAI outputs and verify with your own research before using it for academic work.

►See Evaluating AI-Generated Content for more information.

2. Practice considerations

If your legal research is for practical purposes, be aware of any practice directives that apply to you. These may come from:

  • Your organization (e.g. clinic, law firm)
  • The relevant court (if you are preparing documents for court)
  • Your regulator (e.g. Law Society of Ontario) and your ethical obligations under its rules of professional conduct

The LSO, for example, provides four factors that should be considered when choosing whether or not to disclose to clients the use of genAI in the provision of legal services:

1. Will the use of generative AI necessarily be disclosed publicly (for example if generative AI is being used in preparation of a court document before a court that requires such disclosure)?

2. Does the client reasonably expect that the material being prepared by generative AI would actually be prepared by a licensee?

3. Is there reputational or other forms of risk to the client that could arise from the use of generative AI?

4. Does use of generative AI require inputting of the client's personal or proprietary information?

LSO, Licensee Use of Generative Artificial Intelligence (2024) at 17.

Don't forget that AI-generated content can contain factual errors, omissions, and biases. Always evaluate genAI outputs and verify with your own research before using it for practical work.

►See Evaluating AI-Generated Content for more information.

How do I cite AI-generated content?

The Canadian Open Access Legal Citation Guide (COAL) is the only Canadian legal citation style to provide a format for AI-generated content. 

COAL suggests the following format for publicly available genAI tools:

Name of AI | , version if available | . Prompt. | (Translation of prompt if applicable). | (Developer | : host if different than developer | , date or date range of response). | URL if conversation publicly saved | (Description of any additional prompts.)

 

For further guidance, see the full COAL guide, which also provides examples, a citation format for AI that is not publicly available, and a description of what makes an AI publicly available versus not publicly available.

Resources: Citing AI