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 > TRU Home > Faculty of Law > Law Faculty > Ken Cooper-Stephenson
Ken Cooper-Stephenson

Dr. Ken Cooper-Stephenson, Law Professor

LL.B (London), LL.M (Cambridge), LL.D (London)

Ken Cooper-Stephenson was born in Scotland and grew up in England. He obtained an LL.B. from London University with first class honours and was top of his class, and went on to obtain an LL.M. from the University Cambridge, also with first class honours. Ken was appointed as a founding member of the Department of Law at Leicester University where he taught for five years. In 1971 he immigrated to Canada to join the College of Law, University of Saskatchewan where he taught until 2009.

In 1981 Ken published the first edition of a treatise, Personal Injury Damages in Canada, co-authored by Professor Saunders of the University of Calgary. The book has been used by lawyers and courts throughout Canada as a primary resource. A second edition was published in 1996. In 1991 Ken published Charter Damages Claims, a monograph on claims for damages under s. 24(1) of the Canadian Charter of Rights and Freedoms. He subsequently co-edited Tort Theory, a book of essays which examines the jurisprudential underpinnings of tort law, an area which has been the focus of a number of his more recent conference publications.

In 2000 Ken was appointed Chair of the legislative committee that reviewed Saskatchewan's no-fault auto-accident plan. In 2001 he was awarded an Earned Doctor of Laws degree from the University of London. Ken has also taught law in Australia at both Bond University and James Cook University of North Queensland. In 2004 he was Specialist Consultant for the Assembly of First Nations Report on Abuses in Indian Residential Schools. His current research involves damages claims under the human rights provisions of constitutions around the globe.

Office: HL244
Email: kcooper@tru.ca
Tel: 250.852.7698

Dr. Cooper-Stephenson teaches Tort Law in the first year curriculum.

Books and Reports

  1. Final Report, Personal Injury Protection Plan Review Committee (Government of Saskatchewan, 2000), co-author 235 pp.
  2. Personal Injury Damages in Canada 2nd ed. (Toronto: Carswell, 1996), 908, lxxxiv pp.
  3. Tort Theory (Toronto: Captus Press, 1993), co-editor with E. Gibson 434 pp.
  4. Charter Damages Claims (Calgary: Carswell, 1990), 412 pp.
  5. Personal Injury Damages in Canada (Toronto: Carswell, 1981), with I. Saunders 713 pp.

Chapters in Books

  1. "Holism & Harmony in the Law of Remedies" in J. Berryman et al, Remedies: Praxis and Pedagogy Throughout the Commonwealth (Toronto, Irwin Law 2010) 42 pp.
  2. "Reparations for Residential School Abuse in Canada: Litigation, ADR and Politics", in Max Du Plessis & Stephen Pete, eds., Repairing the Past? International Perspectives on Reparations for Gross Human Rights Abuses (Antwerpen - Oxford, Intersentia 2007) 32 pp.
  3. "Reparations for State Wrongs: Tort Law's Political and Theoretical Role” in K. Mahoney, ed. The Residential Schools Legacy: Is Reconciliation Possible? (2006).
  4. "Theoretical Underpinnings for Reparations: A Constitutional Tort Perspective", (2003) 22 Windsor Yearbook of Access to Justice 3-40, opening essay of compendium.
  5. "New Solutions to the Collateral Benefits Problem" (1993), in The 1991 Pitblado Lectures pp. 81-114
  6. "Corrective Justice, Substantive Equality and Tort Law" in K. Cooper-Stephenson & E. Gibson eds., Tort Theory (Toronto: Captus Press, 1993) pp. 48-68.
  7. "Economic Analysis, Substantive Equality and Tort Law" in K. Cooper-Stephenson & E. Gibson eds., Tort Theory (Toronto: Captus Press, 1993) pp. 131-161.
  8. "Gender Harassment in Universities: A Perspective from Critical Legal Studies" in F.E. McArdle ed., The Cambridge Lectures 1991 (Cowansville: Yvon Blais, 1993) pp. 273-289.
  9. "Principle and Pragmatism in the Law of Remedies" in J. Berryman ed., Remedies: Issues and Perspectives (Toronto: Thompson Publishing 1991) pp. 1-48.
  10. "Past Inequities and Future Promise: Judicial Neutrality in Charter Constitutional Tort Claims" in K.E. Mahoney and S.H. Martin, Equality and Judicial Neutrality (Toronto: The Carswell Co., 1987), pp. 226-247.

Journal Articles

  1. “Justice in Saskatchewan Robes: The Bayda Tort Legacy” (2007), 70 Sask. L. Rev. 269-327.
  2. “The Fairest of Them All: The Supreme Court’s Recent Tort Jurisprudence” (2002), 17 Supreme Court Law Review 1-66, opening essay, also published in S. Beaulac, et al., The Joy of Torts (2003) (Essays in Honour of Professor Allen Linden).
  3. “Sliding Doors: Alternative Life Patterns in Personal Injury Damages” (2002), 17 Supreme Court Law Review 315-350, also to be published in The Joy of Torts (2003) supra.
  4. "Women's Earnings and Personal Injury, A Canadian Perspective: Wynn v. N.S.W. Insurance Ministerial Corporation" (1995), 1 High Court Law Rev. 14-24. This also acted as an Amicus Curiae Brief to the High Court in the Wynn case.
  5. "Loss of Homemaking Capacity" (1992) The Advocate (Sask. Trial Lawyers Association) December 1992, pp. 13-18.
  6. "Tort Theory for the Charter Damages Remedy" (1988) 52 Sask. L. Rev. 1-87.
  7. "Damages for Loss of Working Capacity for Women (1978-79) 43 Sask. L. Rev. pp. 7-25
  8. "Matrimonial Property in Saskatchewan" (1975-76) 40 Sask. L. Rev. 185-216.
  9. "Assessing Possibilities in Damages Awards -- The Loss of a Chance or the Chance of a Loss (1972-73) 37 Sask. L. Rev. 193-249.
  10. "A Collateral Benefits Principle" (1971) Can. Bar. Rev., 501-533.

Conference Papers and Seminar Presentations

  1. "The Common Idea of Tort Law and Human Rights", Obligations V: Rights & Private Law, Oxford University 2010 42 pp.
  2. “Damages Claims under the World’s Constitutions”, Obligations IV, University of Singapore, July 2008.
  3. "Holism & Harmony in the Law of Remedies”, Remedies: Issues and Perspectives II, Auckland, New Zealand, 2007.
  4. “The Emergence of Constitutional Torts Worldwide”, Constitutional Rights in South Africa, Durban, South Africa, 2005.
  5. "Conceptual and Computation Issues in Damages for Sexual Assault" with M. Keet, Saskatchewan Trial Lawyers Association Seminar, November 2005
  6. "Rights, Reparations, Dispute Resolution and Politics: Reflections on Justice and Theory in Residential School Abuse Claims", Reflections on Rights Enforcement: Comparative Perspectives, University of Saskatchewan, 2005.
  7. "Corrective Justice, Distributive Justice and Unjust Enrichment in the Law of Torts" Obligations II, Melbourne, Australia, 2004.
  8. "Reparations for State Wrongs: Tort Law's Political and Theoretical Role" Conference on The Residential Schools Legacy: Is Reconciliation Possible?, Calgary Alberta, 2004.
  9. "Suing Government" Saskatchewan Justice Department Seminar, Yorkton, Saskatchewan, 2003.
  10. "Theoretical Underpinnings for Reparations: A Constitutional Tort Perspective", International Conference on Reparations: Theory, Practice and Legal Education, University of Windsor, Ontario, 2003.
  11. “The Fairest Of Them All”, Saskatchewan Queens Bench and Court of Appeal, Civil Law Seminar, Moose Jaw, Saskatchewan, National Judicial Institute, 2002
  12. “Sense and Sensibility” National Judicial Seminar on Tort Law, Montreal Quebec, 2002
  13. “Sliding Doors II” National Judicial Seminar on Tort Law, Montreal Quebec, May 2002
  14. “The Future of Tort Law”, National Judicial Seminar on Tort Law, Montreal Quebec, May 2002
  15. “Biting the Government Hand: Putting Jane Doe in Context”, National Judicial Council, Conference on Tort Law, Halifax, Nova Scotia, 1999
  16. “Sliding Doors and Back to the Future: Comparing Alternative Life Plans in the Assessment of Damages”, Nova Scotia Judicial Conference, Halifax, Nova Scotia, 2000
  17. "Tort Law in the Supreme Court of Canada”, New Challenges Conference, Saskatchewan Trial Lawyers Association and the Saskatchewan Legal Education Society, 1999.
  18. “Constitutional Damages Claims”, presentation at Torts Teachers Workshop, University of Melbourne, Australia, 1997.
  19. "Assessment of Damages for Impairment of Women's Work", presentation at University of Hong Kong, 1994.
  20. "Tort Law in the Supreme Court of Canada”, Canadian Bar Association, Saskatchewan Branch, Mid-Winter Meeting, January, 1994.
  21. “The Framework of Tort Law: A Primer”, Canadian Bar Association, Saskatchewan Branch, Mid-Winter Meeting, with B. Bilson, 1994.
  22. "Substantive Equality in Tort Theory" the Canadian Association of Law Teachers Conference on Tort Theory, Banff, Alberta, 1992.
  23. "New Solutions to the Collateral Benefits Problem" at the 1991 Pitblado Lectures, Winnipeg, Manitoba, 1991.
  24. "Gender Harassment in Universities: A Perspective from Critical Legal Studies", The Cambridge Lectures, Cambridge, England, 1991.
  25. "Prosecutorial Immunity and the Charter", at the Canadian Bar Association Meeting, Saskatchewan Branch, Regina, Saskatchewan, 1990.
  26. "Principle and Pragmatism in the Law of Remedies", International Symposium on the Law of Remedies, Windsor, Ontario, 1989.
  27. "Civil Charter Remedies--Damages", Saskatchewan Trial Lawyers Association Conference on the Charter, Saskatoon, Saskatchewan, 1989.
  28. "Claims for Damages under Section 24(1) of the Charter", at The Stanford Lectures, Canadian Institute for Advanced Legal Studies, Stanford University, California,1986.
  29. "Judicial Neutrality in the Charter Damages Remedy", at A National Conference on Judicial Neutrality: The Socialization of Judges to Equality Issues, Banff, Alberta, 1986.
  30. "Tort Theory for the Charter Damages Remedy", the C.A.L.T. Torts Section Meeting, Montebello, Quebec, 1986.
  31. "Damages for Lost Homemaking and Related Claims", Conference on Personal Injury Advocacy, Sask. Trial Lawyers Association, Saskatoon, 1985.
  32. "The Impact of Legal Rights on Corporal Punishment", the Saskatoon Society for the Protection of Children, 1984.
  33. "Recent Problems in Fatal Accident Claims", Law Society of Saskatchewan, Continuing Legal Education Seminar, Saskatoon and Regina, 1982.
  34. "Recent Developments in Assessment of Damages for Personal Injury and Death", Saskatchewan Bar Association Conference, Prince Albert, 1981.
  35. "The Liability of Nurses", Saskatchewan Nurses Association, Saskatoon, 1979.
  36. "The Law of Trusts", the Canadian Bar Association. "Four O'clock" Seminar Series, Saskatoon and Regina, Sask, 1974.

Conference Organized

  1. Canadian Association of Law Teachers Conference on Tort Theory, Banff, Alberta, 1992.

The writing of a book which examines the award of damages against governments and government agencies for the breach of constitutionally protected human rights worldwide. The book includes treatment of quasi-constitutional claims based on statutory provisions which, although not constitutionally entrenched, have a political status more fundamental than ordinary domestic legislation; and it includes consideration of claims under overarching international law treaties where those claims function in a manner similar to constitutional claims.

Cases have recognized claims for “constitutional torts” in the United States for some time, and analogous constitutional damages awards have been made in leading cases in Canada, Ireland, India, Malaysia, Micronesia, Sri Lanka, and South Africa, and by the House of Lords on appeal from Northern Ireland, and the Privy Council on appeal from a number of commonwealth countries, including Trinidad & Tobago, St Christopher, Nevis and Anguilla, Gambia, Guyana, Mauritius, and the Bahamas. Quasi-constitutional awards are available under the New Zealand Bill of Rights, and more recently in the United Kingdom under the Human Rights Act 1998 and Scotland Act. The award of compensation is also an accepted remedy in both the European Court of Human Rights and the European Court of Justice for breach of international norms within Europe’s mega-constitutional structures. As well, many if not most of the world’s newly adopted constitutions specifically provide for compensation where fundamental rights have been infringed. These constitutions frequently include a general clause specifying damages as a remedy, although sometimes the remedy is appended only to specific rights.

The book examines the legal issues which may arise in constitutional damages actions. It also explores some of the remedy’s social, political and philosophical underpinnings, as well as considering pragmatic concerns. While recognizing that the use of the remedy will vary dramatically depending on a country’s social, cultural and judicial heritage, the book will nevertheless suggest the desirability of a unified theoretical structure and foundation for constitutional damages claims. It will attempt to recognize the common elements in such claims which serve to identify the remedy’s intellectual core. The book will also consider some of the more significant formal and substantial variations in the remedy in different jurisdictions.