Province

In August 2002, The Charter Compliance Act (Bill 34) became law in Manitoba. The legislation amends 56 acts to ensure that common law relationships (including both same and opposite sex relationships) are treated in law with equality, dignity and respect [R1.1].

The bill amends various acts to permit, among other things:

• all common law partners to adopt children together;
• amends The Vital Statistics Act permit all non-biological parents (ie social mothers) to be registered from birth on the birth certificate as the parent of their partner's child;
• to clarify when members of a common law partnership are obliged to take action to avoid conflicts of interests, like reporting their partner's financial interests;
• to ensure that Manitoba's laws are consistent with federal laws, especially income tax laws, to ensure that we can be eligible for certain tax benefits;
• to give common law partners the right to make health care decisions for an incapacitated partner and to deal with end of life issues;
• to permit common law partners to change their name to their partner's name; and
• to update the anti-discrimination provisions in a number of statutes to ensure that they are consistent with The Manitoba Human Rights Code. Many of these statutes had never been updated and therefore did not include prohibited grounds of discrimination like sexual orientation or disability.

Previously:

In July 2002, Manitoba Justice Minister Gord Mackintosh introduced legislation which would extend property rights to common-law partners - including same-sex couples [R1.2].

In March 2002, The Hamilton-Cooper report contained 129 recommendations dealing with registering all common-law relationships, adoption, conflicts of interest, division of property [R1.3].

In May 2001, Manitoba was proposing to change a long list of legislation to give gay couples the same benefits as heterosexual couples but it balked at including adoption [R1.4].

In November 1999, attorneys-general from Nova Scotia, New Brunswick, Newfoundland, Manitoba, Saskatchewan and Nunavut confirmed they were reviewing their legislation with an eye to making changes that would give gay pairs the same benefits as heterosexual couples [R1.5].

Courts & Tribunals

In November 1997, the Manitoba Human Rights Commission ruled last week that the provincial government must offer health, dental and vision benefits to gay employees' partners [R2.1].

Province

In June 2002, the Manitoba government has introduced legislation that amends 56 acts to ensure that common law relationships (including both same and opposite sex relationships) are treated in law with equality, dignity and respect [R1.1].

The bill amends various acts to permit, among other things:

• to ensure that Manitoba's laws are consistent with federal laws, especially income tax laws, to ensure that we can be eligible for certain tax benefits;
• to update the anti-discrimination provisions in a number of statutes to ensure that they are consistent with The Manitoba Human Rights Code. Many of these statutes had never been updated and therefore did not include prohibited grounds of discrimination like sexual orientation or disability.

Courts & Tribunals

In 1996, gay men and lesbians in the province of Manitoba were reportedly to appeal to the Canadian Supreme Court after an appeals court ruling overturned a ruling ordering the province to ban discrimination based on sexual orientation [R2.1].

Province

In 2002, the Manitoba government has introduced Bill 53 which extended marital property laws to common law relationships (both same and opposite sex) and give common law partners the right to their partner's estate if they die without a will [R1.1].

Federal

See Federal - Marriage

Courts & Tribunals

In September 2004, Manitoba Justice Douglas Yard ruled the province's definition of marriage unconstitutional in response to a lawsuit filed by three couples [R2.1]

Province

The Adoption Act [L1.1].

Part 1 Interpretation and Administration

Definitions

(1)(1) [ ... ] "common-law partner" of a person means a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship of some permanence; [ ... ]

Part 2 General Adoption Provisions

Adult may adopt a person

10 An adult who resides in Manitoba may apply to adopt a person in accordance with this Act.

Part 3 Categories of Adoptions

Division 6 Adoption by spouse or common-law partner of child's parent

Application

88 A person who

(a) is married to the parent of a child; or

(b) is a common-law partner of the parent of a child;

may, together with that parent or alone but with the consent of that parent, apply to the court in the prescribed form to adopt the child if the child is living with the applicants and is being cared for by them.

On 01 August 2002, the Charter Compliance Act (Bill 34), amended The Adoption Act under which the definition of "common-law partner" of a person means a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship of some permanence; (« conjoint de fait ») [L1.2].

Province

In July 2002, legislation was introduced requiring the division of property accumulated during a relationship if a couple splits, like the laws which apply to married couples [R1.1].

Partners living together for three years became automatically eligible for the rights and obligations under the changes. Couples may opt out.