Karen Busby

Winnipeg Free Press, December 7, 2016Print

URL: http://www.winnipegfreepress.com/opinion/analysis/duelling-approaches-to-sex-work-405206716.html

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.

Winnipeg Free Press, November 4, 2014Online

URL: http://www.winnipegfreepress.com/opinion/analysis/the-cool-not-cool--in-bdsm-activity-281735421.html

The recent firing of Jian Ghomeshi by the CBC has raised the question of whether Canadians who practice consensual bondage, domination and sado-masochism (BDSM) have reason to fear criminal prosecution for sexual or physical assault. I've read through court cases in which BDSM formed an allegation of assault, and find these fears unfounded. What is interesting, however, is some of the allegations against Ghomeshi have involved choking. In consensual BDSM, strangulation is a no-go zone for good reason, and this is something jurists should understand as well.

Canadian Lawyer, January 30, 2017Online

URL: http://www.canadianlawyermag.com/6322/Seeing-justice-done-Sexual-violence-policies-at-universities.html

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.

Winnipeg Free Press, March 3, 2015Online

URL: http://www.winnipegfreepress.com/opinion/analysis/prejudice-in-the-court-294784741.html

What explains Quebec Judge Eliana Marengo's decision last week to refuse to hear Rania El-Alloul's case on the ground that the headscarf worn by this Muslim woman was not "suitable" attire in a courtroom? El-Alloul was trying to get her car back after her son was stopped driving it when his licence was suspended. Marengo's decision cannot be justified on the ground that courts are purely secular institutions that must eschew all religious symbolism.

Canadian Lawyer, March 21, 2016Online

URL: http://www.canadianlawyermag.com/5966/Keeping-up-with-international-treaties.html

Unless you are a keen observer of international human rights, you probably don’t know that earlier this month a United Nations expert committee issued its periodic review on Canada’s compliance with the International Covenant on Economic, Social and Cultural Rights. By acceding to this and other treaties, our governments accept the obligation to implement the provisions of the treaties and to report every five years on their progress. But, in reality, treaties are unlikely to be implemented without an informed and engaged bar.

CBC Manitoba, September 12, 2014Online

URL: http://www.cbc.ca/news/canada/manitoba/human-rights-museum-watering-down-canada-s-violations-professor-fears-1.2765100

A University of Manitoba professor says she fears the Canadian Museum for Human Rights may be watering down the government's role as a rights violator and exaggerating its status as a champion of human rights. Law professor Karen Busby points to a number of changes in the wording of museum planning documents between 2012 and 2013. She outlines her research in a chapter of a book to be published early next year.

CBC/Radio-Canada, April 17, 2015Online

URL: http://www.cbc.ca/radio/thecurrent/the-current-for-april-17-2015-1.3037126/flight-seating-spurs-dispute-over-religious-beliefs-civil-rights-1.3037189

It's been a long time since travelling by air was a glamorous way to go. We're pretty well become used to removing the shoes at security check ins... and the ever-shrinking seat sizes in Economy. But now some women, especially on flights to and from Israel, are encountering what they say is an unacceptable aviation irritation. They're being asked to switch seats by some ultra-Orthodox Jewish men who refuse to sit next to a woman who are not their wives.

CTV News, January 31, 2016Online

URL: http://www.ctvnews.ca/canada/as-ghomeshi-trial-begins-experts-warn-historical-sexual-assault-convictions-hard-to-secure-1.2759134

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."

CBC News, January 28, 2015Online

URL: http://www.cbc.ca/news/canada/british-columbia/avoid-international-surrogacy-says-expert-in-wake-of-b-c-couple-s-fight-for-twins-1.2934746

Greg and Elaine Smith of Maple Ridge, B.C., are facing mounting medical bills and a complicated bureaucratic system after their their twins were born prematurely by surrogate in Mexico. University of Manitoba law professor Karen Busby says international surrogacy is a complicated process, and one she doesn't recommend.