Constitutional Challengers - by Adam Dodek (Paperback)

Book Synopsis

Behind every great constitutional case, there is a person with a fascinating story.

The Supreme Court decides some of the biggest issues in Canadian society: Do Canadians have the right to assisted suicide? Should same-sex couples be allowed to marry? How far does freedom of religion or freedom of expression go?

In Constitutional Challengers, Adam Dodek has gathered together twenty-six of the most significant constitutional cases, including five major decisions concerning Indigenous rights. Behind every one of these cases is a person who had a problem to solve and ended up entangled in the Canadian judicial system.

Some of these people became crusaders -- people who campaigned for a cause and set out to change other people's views and create broader social change. These individuals, such as sex-workers' rights advocate Terri-Jean Bedford and abortion provider Dr. Henry Morgentaler, are villains to some and heroes to others. But most of the people behind the biggest legal decisions weren't trying to champion a cause; they were just trying to achieve a result that became much bigger than themselves. They were along for the ride -- often a long and convoluted one -- in the Canadian justice system. It's within their journeys, often overlooked by the media, that the true victories and life-altering costs of standing up for one's beliefs can be found.

Review Quotes

Constitutional Challengers is a book that needs to be a required text for all law schools, nationally and internationally. Author Adam Dodek's inclusion of a chapter on Indigenous rights strongly speaks that Indigenous people matter - Indigenous rights are Indigenous People - we matter! Law students, lawyers, governments and educators need to read and learn from the fundamental historical knowledge well articulated by Adam Dodek.

-- "Claudette Commanda, Algonquin Anishnabeg First Nation, Chancellor of the University of Ottawa"

Constitutional Challengers is an important contribution to Canadian legal literature that will be of interest to both lawyers and the interested public alike. A must read for anyone interested in the human stories behind some of the most important cases in Canadian constitutional history.

-- "Hon. Marc Gold, former Senator"

A great contribution to Canadian legal history, written for regular folks in an engaging, plain-language narrative style that brings to life the people and cases that have shaped our rights.

-- "Sean Fine, Former Globe and Mail Justice Reporter"

Behind every landmark legal decision shaping Canadian society stands a person. Their names endure, but their stories fade from view. Adam Dodek changes that. With meticulous research, deep insight, and captivating storytelling, he illuminates the human beings at the heart of cases that have transformed Canadian law. These pages reveal the complex journeys of individuals who - often by accident - became catalysts for change. Dodek's retelling reminds us that the law is not abstract - it is a profoundly human endeavour.

-- "Josh Patterson, Executive Director, Law Foundation of BC"

Canada is defined by its people. This book, Constitutional Challengers by Adam Dodek, demonstrates that our constitution is a reflection of Canadians. It walks through the journey of everyday people who fought for principles, that inevitably has shaped a nation. A must-read to understand the human side of Canada's constitution.

-- "Hon. Yasir Naqvi, former Attorney General of Ontario"

For decades, courts have protected some rights and weakened others. Behind every judicial decision, there's a person who endured the stress, expense and, often, notoriety of being a litigant fighting for change. Often, they could have just walked away. Adam Dodek, one of the country's great law scholars, tells the stories of these determined people with clarity, empathy, and skill.

-- "Mark Bourrie, lawyer and author"

In his trademark style, Adam Dodek distills complex legal cases and theories into digestible chapters that humanize the most important events in Canadian legal history. The book tells the story of individuals, some of whom are willing heroes, some of whom are vile antiheroes, but all who have had a profound impact on the way Canadian society is organized and governed. It is a perfect mix of legal summary, history, and Canadian pop culture wrapped in easy-to-read pages.

-- "Matthew Shoemaker, Mayor of Sault Ste. Marie"

In the midst of these times, Constitutional Challengers is essential and required reading for Canadians of all ages. In it, Dodek and contributors explore many of the unlikely heroes journeys that set the foundation for how we arrived at this moment. Throughout, I found myself newly inspired by the folks who had the bravery to take on their own proverbial Goliaths. This text is a reminder that courage is wielded one small step at a time and an offer to find it when it calls.

-- "Kenya-Jade Pinto, lawyer, filmmaker, photographer"

Just as every superhero has an origin story, so does every landmark decision from the Supreme Court of Canada. This book shares some of the most compelling tales behind Canada's most celebrated and notorious legal victories.

-- "Alison Crawford, host of Verdicts and Voices"

Professor Adam Dodek has the unique ability of taking profoundly complex topics and not just simplifying them, he humanizes them. Reading the personal journey of individuals and their journey through the Canadian legal system was like stepping back into the classroom.

-- "Deidra Dionne, lawyer and Olympic medallist"

The law of Aboriginal rights and title can be hard to understand, but Constitutional Challengers brings to life the Aboriginal litigants and their stories, explaining in easy to read prose the importance of these decisions to Canada's legal landscape.

-- "Douglas Sanderson (Amo Binashii), professor and author of Valley of the Birdtail"

These carefully curated stories, related vividly and with sensitivity, illustrate the impact on our constitution of personal sacrifice and persistence in the defence of our constitutional rights and freedoms. An informative and rewarding read!

-- "Hon. Morris J. Fish, Retired Justice of the Supreme Court of Canada"

We live in an age of great cynicism where many think they can't make a difference, or question the utility of the Charter. Dodek confronts the doubters head on. In Constitutional Challengers, he shows how ordinary Canadians took on the status quo, and using the Constitution, were able to make a difference.

-- "Hon. Arif Virani, former Minister of Justice and Attorney General of Canada"

About the Author

Adam Dodek is an award-winning professor and the former dean of the University of Ottawa's Faculty of Law. He teaches and writes about the Canadian Constitution and the Supreme Court of Canada. He has worked at the supreme courts of both Canada and Israel, as well as the US Court of Appeals. He is the author of The Canadian Constitution, 3rd edition, and Heenan Blaikie: The Making and Unmaking of a Great Canadian Law Firm. Adam lives in Ottawa.