June 06, 2002
Attorney General Gord Mackintosh today introduced an omnibus bill that would amend 56 provincial acts to ensure their treatment of people in same sex common-law relationships respects the Canadian Charter of Rights and Freedoms.
"It is important that all Manitobans are treated fairly and without discrimination and that our laws are in harmony with the charter," said Mackintosh. "We’re moving forward with legislation that will revise the dozens of laws in need of amendment out of respect for the dignity, rights and security of all Manitobans." Mackintosh noted that the definition of marriage is unaffected by the proposed legislative changes.
The proposed amendments would:
The key changes were recommended in December 2001 by the Common-law Relationships Review Panel. Retired associate chief justice Alvin Hamilton and Winnipeg family law lawyer Jennifer Cooper were asked to consider how people in same sex relationships are affected by Manitoba’s laws regarding adoption, property interests and conflicts of interest.
The panellists concluded that the Adoption Act would not survive a constitutional challenge and that Manitoba’s statutes dealing with disclosure or withdrawal from decisions when there is a conflict of interest should fully include common-law partners, whether of same or opposite sex.
The panel also recommended that the province amend property legislation so that, on death or separation, common-law partners are given rights to property of the relationship. The Manitoba government is drafting legislation to deal with property rights which it will introduce in this session of the legislature.
"We are fortunate in Canada to live in one of the most inclusive and democratic societies in the world," said Mackintosh. "Striving to ensure and enhance human rights is a journey that is never complete as we continue to confront new challenges and work with all Manitobans towards greater equality and fairness."
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SCHEDULE OF STATUTES TO BE AMENDED
THE CHARTER COMPLIANCE ACT
STATUTES TO BE AMENDED
Adoption
The Adoption Act (joint adoption)
The Vital Statistics Act (registration of vital events)
Conflict of Interest and Protection of the Public Interest
Acts pertaining to elected Public Officials
The Legislative Assembly Act (power of LAMC to make certain regulations for equal treatment of families)
The Legislative Assembly and Executive Council Conflict of Interest Act (conflict of interest)
The Municipal Council Conflict of Interest Act (conflict of interest)
The Public Schools Act (conflict of interest)
Acts pertaining to Persons employed by or appointed by Publicly Funded Agencies
The Agricultural Producers' Organization Funding Act (conflict of interest)
The Communities Economic Development Fund Act (conflict of interest)
The Credit Union and Caisses Populaires Act (conflict of interest)
The Development Corporation Act (conflict of interest)
The Family Farm Protection Act (conflict of interest)
The Manitoba Public Insurance Corporation Act (conflict of interest for MPIC Board members)
The Mental Health Act (sitting on review panel)
Acts which protect the Public Interest
The Animal Liability Act (defence of liability of livestock at large lawsuit not available if due to spouse)
The Civil Service Act (preferential hiring for surviving spouse of military)
The Consumer Protection Act (notices, collection practices, seizure)
The Cooperatives Act (conflict of interest)
The Corporations Act (self dealing)
The Department of Health Act (recovering overpayment)
The Elderly and Infirm Persons Housing Act (consider partner's income)
The Elections Act (determining residency)
The Employment and Income Assistance Act (consider partner's income)
The Municipal Act (conflict of interest in tax sale bidding; certain property exempt from tax sale)
The Power of Attorneys Act (witnessing)
Discrimination
The Defamation Act (sue for injunction to prevent continuation of libel)
The Denturists Act (prohibit discriminatory denial of membership)
The Discriminatory Business Practices Act (prohibit discriminatory business practices)
The Law Enforcement Review Act (prohibit discriminatory use of authority)
The Law of Property Act (consent to give wages as security; prohibit restrictive covenants based on personal characteristics)
The Registered Respiratory Therapists Act (prohibit discriminatory denial of membership)
The University of Manitoba Act (prohibit discriminatory testing or qualification)
Incorporation of Professionals
The Certified General Accountants Act (spouse may hold shares in professional corporation)
The Chartered Accountants Act (spouse may hold shares in professional corporation; prohibit discriminatory denial of membership)
The Dental Association Act (spouse may hold shares in professional corporation)
The Law Society Act (spouse may hold shares in professional corporation)
The Medical Act (spouse may hold shares in professional corporation)
Other
The Anatomy Act (claiming a body)
The Builders' Liens Act (exemption from requirement to distribute certificate)
The Change of Name Act (application not needed to assume surname on entering relationship)
The Charities Endorsement Act (canvassing by spouses permitted among organization members)
The Child and Family Services Act (right to notice, participation, services and obligation to contribute)
The City of Winnipeg Act (use of campaign funds; personal property exempt from tax)
The Executions Act (certain property exempt from seizure)
The Farm Lands Ownership Act (rights of retired farmers to hold property)
The Highway Traffic Act (various provisions using family)
The Human Tissue Act (consent to use of organs)
The Infants' Estates Act (administering estate by "mother and father")
The Judgments Act (certain farm property exempt from judgment sale)
The Landlord and Tenant Act (certain property exempt from seizure by landlord)
The Marriage Act (consent to marriage of minor by "mother and father")
The Municipal Assessment Act (certain property exempt from municipal tax)
The Off-Road Vehicles Act (transfer registration and plate to spouse on death)
The Privacy Act (consider effect of breach for award)
The Property Tax and Insulation Assistance Act (tax deferral)
The Victims' Bill of Rights Act (rights to information about offender; compensation for spouse/partner of victim)
The Vulnerable Persons Living with a Mental Disability Act (entitlement to notice; conflict of interest for hearing panels)
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