Schedule A

List of Recommendations

Part I

Adoption

My opinion and advice is that a number of the sections of the Adoption Act of Manitoba would not withstand a Charter challenge and will have to be amended.
Delete Section 10 of the Adoption Act and substitute therefor:
Any adult who resides in Manitoba, alone or jointly with another, may adopt a person in accordance with this Act.
Amend Section 1 of the Adoption Act in the following ways:
1. By adding the following definitions:
  1. "common-law partner" means a person who is living with another in a conjugal relationship.
    OR
    "common-law partner" means a person of the same or opposite sex who is living with another in a conjugal relationship.
  2. "common-law partnership" means two persons who are living together in a conjugal relationship."
2. By amending the definition of "extended family"
  
  by adding after "spouse" the words "or common-law partner" and by deleting all the words after "persons" in the second last line.
3. By amending the definition of "family"
  
  by adding, after the word "spouse", the words "or common law partner".
I recommend that the term "spouse" not be changed or re-defined, but that, where appropriate, "or common law partner" be added after "spouse" in each case where the government wishes to extend the rights of a spouse to a common-law partner.
Amend the Act by deleting section 36(b) and substituting "common-law partners".
Amend Section 73(1) of the Act by deleting paragraph (a) and substituting therefor:
1. jointly by a husband and wife or common-law partners, where at the time the application is made
Amend the heading of Division 6 that precedes Section 88 to say:

ADOPTION BY PERSON WHO HAS MARRIED OR IS THE COMMON-LAW PARTNER OF A CHILD'S PARENT
Delete Section 88(b) and replace it with:
1. "is a common-law partner of the parent"
Delete Section 94(1)(a).
Amend paragraph 2 of the form by deleting the words "as though husband and wife" where they appear in the first and last lines.
I recommend that consideration be given to permitting a judge, when making an Order of Adoption, to include reasonable conditions to ensure some continuing contact between birth parents and the child.
I recommend that the birth certificate issued under the Vital Statistics Act following an adoption show same-sex parents by adoption as "parent" and "parent".

Part II

Conflict and the Public Interest

Amend the statutes that require a member to disclose the assets of a spouse to require the disclosure of the assets of a common-law partner as well.
Amend Section 1 in each statute by adding:

"common-law partner" means a person who is living with another in a conjugal relationship.
Delete the definition of "dependant" in the Legislative Assembly and Executive Council Conflict of Interest Act, Municipal Council Conflict of Interest Act, and the Public Schools Act and replace it with:
1. the spouse or common-law partner of a member or minister,
Include the following definition in each of those Acts:

"family" includes a person's spouse, common-law partner, child, parent, brother, sister, aunt, uncle, niece, nephew, cousin, and grandparent.
Delete 4(1)(c) of the Legislative Assembly and Executive Council Conflict of Interest Act, 5(1)(c) of the Municipal Council Conflict of Interest Act and 38(1)(c) of the Public School Act replace it with:
1. indicate he has a conflict of interest;
Amend all other statutes containing conflict of interest and disclosure provisions:
1. By defining "spouse",
2. By adding "common-law partner" after "spouse", wherever it appears
  and
3. By defining "family".

Part III

Property

I recommend, in the amendment or passage of any and all legislation, the Province of Manitoba provide identical rights and benefits to all married and common-law couples.
I recommend Manitoba not follow either the Saskatchewan or the Nova Scotia approach to amending its statutes.
I recommend all Manitoba statutes be amended by adding the term "common-law partner", or a similar term, after "spouse" wherever it appears.
I recommend Manitoba amend its legislation to remove any provisions that distinguish between the rights of a married and common-law partner to employee benefits.
I recommend all statutes be examined for obscure provisions in legislation or other government requirements that might not be immediately apparent to persons dealing with an Act. Any and all provisions that impose additional conditions upon common-law partners should be removed.
1. Introduce legislation in appropriate statutes to provide that children raised by a common-law couple have the same rights they would have if their care-givers were married to each other.
2. Replace the term in loco parentis, wherever it appears in provincial legislation, with "stands in the place of a parent to the child" or "acts or has acted like a parent toward the child".
3. If necessary, provide that a single person and those in a common-law partnership become responsible for the care and support of a child being raised by them when they have acted like a parent toward the child.
4. Provide that a child who is raised by a person who is not their natural parent, has the same inheritance rights with respect to them as if the person was a natural parent of the child.
1. Define "common-law partner" as
  a person who is living with another in a conjugal relationship.
2. Define "family" as
  a person's spouse, common-law partner, child, parent, brother, sister, aunt, uncle, niece, nephew, cousin, and grandparent.
3. Define "spouse" as
  the partner of a man or a woman who are married to each other.
4. Define "conjugal relationship" as
  two people who live together in a personal or marriage like relationship.
5. Develop a common definition of "dependant".

Part IV

Registration of Common-Law Partnerships

I recommend the Nova Scotia Registry system not be introduced in Manitoba.
I recommend the Ontario provisions not be included in Manitoba legislation.
I recommend a Civil Union similar to that in Vermont not be established in Manitoba.
I recommend the Quebec form of Civil Union not be introduced in Manitoba.
I recommend Manitoba amend the Vital Statistics Act to provide for the registration of Common-law Partnerships.


Opinion on Common-Law Relationships of Hon. A.C Hamilton, Q.C. - Final Report *Schedule A - List of Recommendations*

IV. Conclusion	Schedule B - List of Presenters and Written Submissions

Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C. Volume 1 Volume 2 (proposed Statute Amendments) Opinion on Common-Law Relationships of Hon. A.C Hamilton, Q.C. Final Report