Review Panel on Common Law Relationships
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
Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C.
Volume 1 - Final Report - December 31, 2001

IV. Conflicts of Interest and Protection of the Public Interest

The Terms of Reference require that the following two questions be addressed in relation to the conflicts issue:

  1. A number of Manitoba statutes contain conflict of interest provisions, including those affecting public officials. Are amendments recommended to these conflict of interest provisions and other provisions to protect the public interest to include persons in common-law relationships, where those persons are currently excluded? If so, what approach is recommended?
  2. One or both persons in a same-sex common-law relationship may not be open with family, friends, co-workers and others about their sexual orientation. Some persons in opposite-sex common-law relationships may also have concerns about open disclosure. If amendments to conflict of interest provisions are recommended, then how should these changes be reconciled with the privacy rights/interests of both persons in a common-law relationship?

In response to these two questions, section A describes in detail the current provisions of Manitoba's legislation containing conflict of interest provisions. Section B provides information on the views of a variety of Manitobans on this issue as gathered through our process of submissions and consultations.

Finally, section C contains my analysis of whether amendments are recommended to include persons in common-law relationships and if so, utilizing what approach. I then analyze how this approach can best be reconciled with the privacy concerns of some same-sex common-law couples. A summary of my recommendations flowing from this analysis are set out in the recommendations section D.



Current Page
Opinion on Common-Law Relationships of
Jennifer A. Cooper, Q.C. - Volume 1

IV. Conflicts of Interest and Protection of the Public Interest
Previous Page Next Page
III f) Adoption Recommendations IV a) Conflict of Interest Law in Manitoba
Review Panel on Common-Law Relationships
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.