I can't answer with certainty, but I think the laws of evidence would need to be considered. So regardless of where the data is stored, if it involves evidence for the ongoing class action suits in the U.S., there are obligations not to destroy the data, whether you store it in Canada or in the U.S. I think those are the kinds of subtleties the commissioner wanted to be sensitive to.
On October 28th, 2010. See this statement in context.