Karen Busby

Professor of Law & Director, Centre for Human Rights Research University of Manitoba

  • Winnipeg MB

Karen Busby teaches Constitutional Law, Gender and the Law, Human Rights and Administrative Law

Contact

Social

Biography

Karen Busby has been with the Faculty of Law at the University of Manitoba since 1988. Recipient of the University of Manitoba’s highest teaching award in 2015 (the Saunderson Award for Teaching Excellence), she teaches Constitutional Law, Gender and the Law, Human Rights and Administrative Law. She does about 40 media interviews a year on topics related to law and sex (gendered violence, sexuality, sexual orientation, assisted human reproduction, sex work, sexual expression), religious rights, and Aboriginal Rights. Her current research projects include: consent and BDSM; influences on young Muslim women; health care providers obligations to report suspected child abuse; a comparison of sex work laws in Canada and India; and the human right to water, especially in First Nations communities.

Industry Expertise

Education/Learning
Writing and Editing
Women
Legal Services

Areas of Expertise

Constitutional Law
Human Rights
Sexual Violence
Assisted Human Reproduction
Sex Work and Prostitution Law
Religious Discrimination
Sexual Orientation

Education

University of Manitoba

J.D.

Law

1981

Columbia University

LL.M.

Law

1988

Affiliations

  • Law Society of Manitoba : Member
  • Canadian Bar Association

Media Appearances

Seeing Justice Done: Sexual Violence Policies at Canadian Universities

Canadian Lawyer  online

2017-01-30

Laws and policies governing inter-personal and group-based sexual violence, misconduct and harassment at many universities and colleges across Canada not only prevent participants from seeing whether justice is done, they also prohibit open inquiry and impede learning. Disturbingly, the trend is toward even less disclosure about findings and outcomes.

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Duelling Approaches to Sex Work

Winnipeg Free Press  print

2016-12-07

TWO important Winnipeg agencies may be at odds over how to approach the harm of sex work.

The Winnipeg Regional Health Authority issued a position statement last week calling for decriminalization of sex work between consenting adults as a necessary step to promote the health and human rights of sex workers. This statement echoes the position taken by major public health organizations, including the World Health Organization and the Canadian Public Health Association.

The Winnipeg Police Service, meanwhile, noted in its quarterly report to the Winnipeg Police Board this week the number of people involved in street solicitation has dropped significantly in recent years. But the report goes on to state the Internet has expanded the size of the sex industry and created a whole new class of workers involved through indoor work: those who initiate sexual-service transactions online. The report implies more police resources are needed to keep up with the more technologically savvy sex industry.

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As Ghomeshi trial begins, experts warn historical sexual assault convictions hard to secure

CTV News  online

2016-01-31

It's not that Canadian sexual assault laws are lacking, said one law professor, noting that on paper, they are among the best in the world.
"There are two problems with Canadian sexual assault law -- one is proof beyond a reasonable doubt and that's not going to change," said University of Manitoba law professor Karen Busby. "The other problem is continuing reluctance of some judges to resist the law reform efforts made in the 90s."

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Research Grants

Sex Work Laws in India and Canada: A Comparative Analysis

CI, Shastri Institutional Collaborative Research Grant (SICRG)

notice received in January 2016

Reconciling Health-care Providers’ Obligation to Report Abuse With the Rights of Adolescents Who Have Had Sex

PI, University Collaborative Research Program $25000

2016-

Making Big Decisions: Influences on Young Muslim Women in Canada

PI, University of Manitoba Legal Research Institute

2015-

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Articles

"Providing Essential Services of Reasonable Quality to All Canadians": Understanding Section 36(1)(c) of the Constitution Act, 1982 (working title)

Review of Constitutional Studies/Revue d'études constitutionelles 191-212

2016

All Manner of Wickedness Abounds: Reconciling Religious Rights and Queer Rights"

Human Rights: Political and Legal Dimensions (University of Toronto Press)

Gord Digiaco. 2016

One little, too little: Counting Canada's indigenous people for improved health reporting

Social Science & Medicine

2015

The way state governments, worldwide, count or do not count Indigenous peoples has contributed to inconsistent reporting of Indigenous health statistics. To address unreliable reporting in Canada, we reviewed laws on Indian status and the development of a national Indian Registration System (IRS) to track Indian status and eligibility. With this information as a guide, we linked the IRS to the Manitoba provincial health registry systems and were able to identify individuals with Indian status for health reporting. To improve reporting, we identified individuals often missed in this type of linkage. For instance, we identified children and adult children who were eligible for Indian status but not yet registered. Equally as important, we identified individuals not eligible for Indian status but have Indian heritage and/or represent potential individual Indian status eligibility cases before the courts to right a historic form of identity sex discrimination that has made them invisible in Canadian society and health reporting. A familial kinship approach was used to identify Indian children and adult children typically missed when a strict legal entitlement criteria is used for data linkage. Our reflective socio-legal data linkage approach expanded the number of Indian peoples for health reporting purposes and demonstrated a feasible, inclusive way to report on the health of Indians in Canada.

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