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Domain 1 · Discrimination & Toxicity

1.3Unequal performance across groups

Accuracy and effectiveness of AI decisions and actions is dependent on group membership, where decisions in AI system design and biased training data lead to unequal outcomes, reduced benefits, increased effort, and alienation of users.

Applicable legal frameworks

Québec

Articles 10, 16

Quebec quasi-constitutional law prohibiting discrimination based on protected grounds. Relevant for AI system biases in hiring, credit granting, housing, and services.

Article 12.1

Quebec law on the protection of personal information in force since September 22, 2023, regulating the collection, use, disclosure, and retention of personal information by businesses and public bodies. Includes obligations regarding automated decision-making (Article 12.1).

Canada

AIDA (Bill C-27)Direct (futur)

Mesures d'atténuation (biais)

Federal bill (C-27) introducing a regulatory framework for high-impact AI systems. Creates an AI and Data Commissioner and imposes assessment, mitigation, and transparency obligations.

International

NIST AI RMF 1.0Recommandation

Measure 2.11, 2.12

Voluntary AI risk management framework structured around four functions: Govern, Map, Measure, Manage. A common reference in AI governance.

Quebec sector examples

Banque et assurance

Banque et assuranceAssureur sous supervision AMF

Un modèle de tarification d'assurance auto présente des erreurs de prédiction nettement plus élevées pour les conducteurs résidant en région éloignée que pour ceux des grands centres.

Santé et services sociaux

Santé et services sociauxClinique, CISSS

Un outil de détection de mélanomes par image performe moins bien sur les peaux foncées, augmentant les faux négatifs pour cette population.

Recommended mitigations

  • 1.2Risk Management

    Systematic methods for identifying, assessing, and managing AI-related risks, for comprehensive, organization-wide risk governance.

  • 2.2Model Alignment

    Technical methods to ensure that AI systems understand and adhere to human values and intentions.

  • 3.1Testing and Audits

    Systematic internal and external evaluations that examine AI systems, infrastructure, and compliance processes to identify risks, verify safety, and ensure performance meets standards.

  • 3.2Data Governance

    Policies and procedures that frame the responsible acquisition, curation, and use of data to ensure compliance, quality, user privacy, and removal of harmful content.

  • 4.2Risk Disclosure

    Formal reporting protocols and notification systems that communicate information on risks, mitigation plans, safety assessments, and significant AI-related activities to enable external oversight and inform stakeholders.

Documented risks (17)

Entries from the AI Risk Repository (MIT) classified under this subdomain. Original content in English.

Entity
Intent
Timing

17 entries

Risk Sub-CategoryShelby2023

11.01.03Erasing social groups

people, attributes, or artifacts associated with specific social groups are systematically absent or under-represented... Design choices [143] and training data [212] influence which people and experiences are legible to an algorithmic system

HumanIntentionalOther
Risk CategoryShelby2023

11.03.00Quality-of-Service Harms

"These harms occur when algorithmic systems disproportionately underperform for certain groups of people along social categories of difference such as disability, ethnicity, gender identity, and race."

AIIntentionalPost-deployment
Risk Sub-CategoryShelby2023

11.03.01Alienation

Alienation is the specific self-estrangement experienced at the time of technology use, typically surfaced through interaction with systems that under-perform for marginalized individuals

OtherIntentionalPost-deployment
Risk Sub-CategoryShelby2023

11.03.02Increased labor

increased burden (e.g., time spent) or effort required by members of certain social groups to make systems or products work as well for them as others

OtherIntentionalPost-deployment
Risk Sub-CategoryShelby2023

11.03.03Service/benefit loss

degraded or total loss of benefits of using algorithmic systems with inequitable system performance based on identity

AIIntentionalPost-deployment
Risk Sub-CategorySolaiman2023

13.01.03Disparate Performance

"In the context of evaluating the impact of generative AI systems, disparate performance refers to AI systems that perform differently for different subpopulations, leading to unequal outcomes for those groups."

AIIntentionalOther
Risk Sub-CategoryWeidinger2022

16.01.04Lower performance for some languages and social groups

"LMs are typically trained in few languages, and perform less well in other languages [95, 162]. In part, this is due to unavailability of training data: there are many widely spoken languages for which no systematic efforts have been made to create labelled training datasets, such as Javanese which is spoken by more than 80 million people [95]. Training data is particularly missing for languages that are spoken by groups who are multilingual and can use a technology in English, or for languages spoken by groups who are not the primary target demographic for new technologies."

AIIntentionalPost-deployment
Risk Sub-CategoryWeidinger2021

17.01.04Lower performance for some languages and social groups

"LMs perform less well in some languages (Joshi et al., 2021; Ruder, 2020)...LM that more accurately captures the language use of one group, compared to another, may result in lower-quality language technologies for the latter. Disadvantaging users based on such traits may be particularly pernicious because attributes such as social class or education background are not typically covered as ‘protected characteristics’ in anti-discrimination law."

AIIntentionalPost-deployment
Risk Sub-CategoryWeidinger2023

18.01.02Unfair capability distribution

"Performing worse for some groups than others in a way that harms the worse-off group"

AIIntentionalPost-deployment
Risk CategoryLiu2024

30.03.00Fairness

Avoiding bias and ensuring no disparate performance

AIIntentionalOther
Risk Sub-CategoryLiu2024

30.03.04Disparate Performance

The LLM’s performances can differ significantly across different groups of users. For example, the question-answering capability showed significant performance differences across different racial and social status groups. The fact-checking abilities can differ for different tasks and languages

AIIntentionalOther
Risk CategorySaghiri2022

39.08.00Fairness

This challenge appears when the learning model leads to a decision that is biased to some sensitive attributes... data itself could be biased, which results in unfair decisions. Therefore, this problem should be solved on the data level and as a preprocessing step

AIIntentionalPre-deployment
Risk CategoryTeixeira2022

42.14.00Fairness

"Impartial and just treatment without favouritism or discrimination."

OtherOtherOther
Risk Sub-CategoryG'sell2024

47.02.09Bias and discrimination (value embedding)

"Generative AI models may also be subject to the “value embedding” phenomenon.361 “Value embedding” refers to the fact that developers of generative AI models strive to minimize biased outputs by retraining their models based on normative values.362 Contemporary state-of- the-art models not only reflect the values embedded within their training data, they also undergo additional fine-tuning that follows a set of chosen rules and principles. Due to the absence of universally accepted standards, developers bear the responsibility of making decisions on sensitive issues. These practices lead to concerns that a developer’s ideology and vision of the world are embedded in the model. This generates a risk that the model incorporates values that are either unrepresentative of certain segments of the population or that offer a static, oversimplified reflection of global cultural norms and evolving social views."

HumanIntentionalPre-deployment
Risk Sub-CategoryMaham2023

52.03.02Ideological Homogenization from Value Embedding

"The increasing integration of general purpose AI models into every-day life raises concerns around their embedded normative values. The reach of a small number of AI models to a large number of people around the world can make these value judgements unprecedently impactful, potentially leading to increased ideological homogenization."

HumanIntentionalPre-deployment
Risk Sub-CategoryIBM2025

65.23.04Impact on affected communities

"It is important to include the perspectives or concerns of communities that are affected by model outcomes when designing and building models. Failing to include these perspectives makes it difficult to understand the relevant context for the model and to engender trust within these communities."

HumanIntentionalPost-deployment
Risk Sub-CategoryLi2025

66.06.03Unfair capability distribution

"Performing worse for some groups than others in a way that harms the worse-off group"

AIIntentionalPost-deployment

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