For a rare few, that personal struggle takes an unexpected turn and they find themselves swept into a legal battle that reshapes the country.
That is the starting point of Constitutional Challengers: The Heroes, Villains, and Crusaders Behind Canada’s Biggest Cases (Dundurn Press, 2026), a new book by Professor Adam Dodek. Unpacking twenty-six of the most significant constitutional cases in Canadian history, the book shifts the focus from judges and legal doctrine to the people whose lives became entangled in landmark decisions of the Supreme Court of Canada.
Professor Dodek posits that behind every great constitutional case there is a person with a story. Some are crusaders who deliberately sought to change the law and transform society – figures like Dr. Henry Morgentaler or Terri-Jean Bedford, celebrated by some and condemned by others. But most were not activists at all. They were what Professor Dodek calls “passengers”: individuals carried along by a legal system far larger than themselves, often simply trying to achieve a personal outcome that became something much bigger.
The book is divided into three parts. Part I explores cases that helped shape Canada’s constitutional foundations. Some are remembered as great victories for principles such as the rule of law, yet the individuals at their centre often paid a heavy personal price. Others were considered losses at the time but quietly laid the groundwork for future constitutional protections, including equality rights under the Charter.
Part II turns to landmark decisions under the Canadian Charter of Rights and Freedoms. These include cases involving high-profile figures as well as ordinary Canadians whose names briefly became national headlines before fading from public memory. In each instance, the legal principles endure, but the human stories behind them are often overlooked.
Part III focuses on Indigenous constitutional rights. It traces the journeys of individuals and nations who fought for recognition under section 35 of the Constitution Act, transforming Indigenous peoples from constitutional subjects into constitutional actors. These stories highlight both the resilience of communities and the long arc of constitutional change.
Throughout Constitutional Challengers, one theme remains constant: it’s the people behind the cases who matter. Whether labelled heroes, villains, crusaders, or passengers, each of these individuals left a lasting imprint on Canadian law and society.
Professor Dodek will officially launch Constitutional Challengers on March 18 at Fauteux Hall in conversation with Professor Anne Levesque and a panel of current articling students: Dominique Charland (BLG), Yasmeen Atassi (Department of Justice), and Sébastien Cyr (Fasken). Hosted by the uOttawa Public Law Centre, the event will explore the enduring impact of those who challenged the Constitution.