# AI tool disproportionately assigns Black prisoners to maximum security in Ontario

SAFER algorithm's racial bias faces legal challenge in class action lawsuit.

- **Source:** [Mashable](https://brifing.si/source/3cd6d1d0-9c29-4750-8bc9-f2afefb52505)
- **Published:** 2026-07-19
- **Topic:** [Business](https://brifing.si/c/business)
- **Original article:** <https://mashable.com/tech/lawsuit-says-ai-tool-disproportionately-places-ontario-black-prisoners>
- **On Brifing:** https://brifing.si/s/e1bdb74e-dfb4-4ba2-947f-d3bade2605d2

## Allegations of algorithmic discrimination

Ontario's SAFER AI tool used in prisons has been found to disproportionately place Black inmates in maximum security units. The system, operational since 2021, generates risk scores based on historical arrest data. While Black people constitute 5% of Ontario's population, they represent 27% of maximum security prisoners.

## Systemic bias in training data

University of Toronto analysis reveals how racial disparities in policing and charging practices feed into the algorithm. Historical justice system data results in underrepresentation of white prisoners and overrepresentation of Black inmates relative to population demographics, perpetuating existing biases.

## Special measures for Indigenous prisoners

Internal documents show awareness of SAFER's disproportionate impact on racialized groups. However, while mitigation measures were implemented for Indigenous prisoners, similar safeguards weren't extended to Black inmates - a discrepancy that has drawn legal criticism and accusations of unequal treatment.

## Lack of transparency

Neither the Ministry of the Solicitor General nor SAFER's creator Grant Duwe responded to inquiries about the tool's methodology. Ombudsman reports confirm receiving complaints about the algorithm's impacts, with an ongoing ministry review. The case highlights missing transparency and oversight mechanisms.

## Amplifying societal inequalities

The SAFER case demonstrates how algorithmic decision-making can institutionalize existing social inequities. The tool's racially skewed outputs, inconsistent with population demographics, raise human rights concerns about scaling historical biases through automated systems.

## Legal and ethical implications

The class action by Koskie Minsky could set precedents for algorithmic accountability in public institutions. Ontario's case underscores the urgent need for ethical audits of government AI systems, highlighting how technological implementation often overlooks fundamental humanitarian considerations.

## Sources covering this story

- https://mashable.com/tech/lawsuit-says-ai-tool-disproportionately-places-ontario-black-prisoners — 

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_Summary written by Brifing from the original reporting. Copyright in the original article belongs to its publisher; read the full piece at the link above._
