Justice Binnie stated that once it is conceded that the genetically altered oncomouse egg meets the criteria for patentability; there is no reason for denying patentability to the resulting oncomouse on the basis that it is not an "invention" as defined by the Patent Act. He stressed that s.40 of the Patent Act does not give the Commissioner discretion to refuse a patent on public policy considerations. Additionally, Binnie J. emphasized the fact that Parliament has repealed and avoided including provisions in the Patent Act dealing with the morality of inventions as an indication that these aspects of public policy should be dealt using other regulatory regimes. He identified the Assisted Human Reproduction Act as an example of specialized legislated enacted to deal with public policy considerations similar to the ones at play in this case.