"OVH has a Canadian arm, which was the jumping-off point for the courts, but OVH Group is a French company, so the data in France should be protected from prying eyes. Or perhaps not. Rather than using established Mutual Legal Assistance Treaties (MLAT) between Canada and France, the RCMP sought direct disclosure through OVH's Canadian subsidiary. This puts OVH in an impossible position. French law prohibits such data sharing outside official treaties, with penalties up to €90,000 and six months imprisonment."
"In this instance, the national security nature of the investigation trumped other concerns. Unsurprisingly, not least because Justice Perkins-McVey set a deadline of October 27 for data disclosure, an application for judicial review was filed. It states that OVH "will be forced to choose between the risks of criminal liability in Canada and/or France, including imprisonment and fines" and the "urgency flows directly from the compliance deadline imposed by the Review Decision.""
A Canadian court issued a Production Order in April 2024 requiring OVHcloud to provide subscriber and account data tied to four IP addresses on OVH servers in France, the UK, and Australia. The RCMP pursued disclosure through OVH's Canadian subsidiary instead of using Mutual Legal Assistance Treaties with France. French law forbids sharing customer data outside official treaties and imposes penalties up to €90,000 and six months imprisonment. Justice Heather Perkins-McVey rejected a revocation application and emphasized balancing state and respondent interests, citing national security. OVH filed a judicial review arguing the order forces conflicting legal risks in Canada and France.
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