I appeared with former Justice Bastarache at the Senate hearings and I heard, first hand, his opinion. What I also know, as a lawyer, is that even amongst judges there are oftentimes dissenting opinions, and not all judges, even on the Supreme Court of Canada, are always in agreement.
I do know that many constitutional experts would disagree with former Justice Bastarache. I think you've heard from some of them, and many of them made their appearances before the earlier committees as well.