R v Morgentaler has part(s) dissenting opinion
Dissent
A dissent was written by Justice William McIntyre, with Justice Gérard La Forest concurring. McIntyre found that there was no right to an abortion under section 7 nor under other laws. His argument was based on the role of judicial review and how the courts must not go about creating rights not explicitly found in the Charter nor interpret Charter rights to protect interests that the rights were not initially intending to protect. He said that nowhere in any constitutional texts, history or philosophies is there support for any such rights. Furthermore, there is no societal consensus that these interests should be protected either.
Even if a right could be found, said McIntyre, the case would not have been sufficient to prove a violation. The provisions of section 251(4) cannot be said to be "manifestly unfair" on the basis that some women do not have access.  The problems with administrative procedure are external to the legislation and cannot be the basis of a violation.
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