Apple and Google push for judicial oversight of Canada's lawful-access bill

Apple and Google have urged amendments to Canada’s Bill C-22 lawful-access legislation. The companies argue the bill could enable secret orders that compel changes to encryption used in their software and devices. They want judicial oversight before ministers can issue such orders. The bill mandates metadata retention for up to one year, lowers the threshold for police access to subscriber data, and gives ministers power to require electronic service providers to build technical capabilities for surveillance. Apple and Google object specifically to the technical-capability provision, which can be issued in secret without prior judicial review. They also request that secrecy be limited in scope and duration, while technical-capability orders require court approval.

"Apple and Google have formally pushed for amendments to Bill C-22, the Canadian government's lawful-access legislation now working its way through the House of Commons, arguing that the bill as drafted creates a potential for secret orders to compel changes to the encryption underpinning their software and devices."

"Both companies want judicial oversight built into the process before the relevant ministers can issue such orders. The Reuters report describing the lobbying ran on Tuesday. The bill replaces an earlier, more sweeping lawful-access regime that had been buried inside Bill C-2, the Strong Borders Act introduced in June 2025."

"It mandates metadata retention for up to one year, lowers the threshold for police access to subscriber data, and grants ministerial power to compel electronic service providers to build technical capabilities for surveillance. Apple and Google's objection is to the technical-capability provision. As currently drafted, the relevant minister can issue an order requiring a service provider to design its systems so that government investigators can access specified data; the order can be issued in secret and is not subject to prior judicial review."

"Apple's formal submission, reported by CBC earlier this month, argued that the provision puts user data at risk and could in practice require the company to weaken its encryption stack for all users in order to provide targeted access for Canadian authorities. Google's submission makes a parallel argument. Neither company is asking Parliament to drop the bill outright. Both are asking for the technical-capability orders to require court approval before they can be issued, and for the secrecy provisions to be limited in scope and duration."

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