In response to the respondent's argument that drawing a line between lower and higher life forms is indefensible, Justice Bastarache stated that the line is "defensible on the basis of common sense differences between the two" and reiterates that a parliamentary response is necessary. Moreover, he stated that the distinction can also be upheld because, unlike higher life forms, a lower life form can more easily be conceptualized as a "composition of matter" or "manufacture" and microbes can be mass-produced like chemical compounds and will possess uniform properties and characteristics.