Big article in the National Post today, a book excerpt from Mighty Judgment: How the Supreme Court of Canada runs your life:
There were respectable legal arguments on both sides in the Morgentaler case. McIntyre and La Forest were no mean jurists, and they disagreed with the majority decision. There were three separate judgments from the justices in the majority, each significantly different from the other two. The conclusion may have been clear, but there was no clear reason for the conclusion. The decision was five to two. Richard Posner has written of the U.S. Supreme Court, “Many of the landmark decisions were decided by close votes and would have been decided the other way had the Court been differently but no less ably manned.” The same is true of Morgentaler.
Parliament is where decisions of this sort should reside, not the Supreme Court.by