Our terms of reference on this topic were:

Taking into account legislative developments across Canada, particularly in Saskatchewan and Nova Scotia, recommend an approach to addressing rights and duties of common-law partners in legislation that gives married spouses an interest in and right to inherit/share their spouses property.

As I was uncertain of exactly what was sought by this direction, I asked for clarification and was advised that my task was:

1. Provide advice on whether, in law, it is necessary to amend property legislation, and
2. if so, recommend an approach to do so.

The major question still remains. Where do common-law partners stand in relation to married spouses? Are they entitled to the same right to inherit and share in their partner's property? These are major issues and my report will deal with them and will suggest changes that should be looked at by the Minister of Justice in consultation with other Ministers and those responsible for the administration of a variety of administrative bodies.

This part of our terms of reference can only be examined after analyzing the most recent decisions of the Supreme Court of Canada. The Court's decisions now establish some basic equality rights that were not thought of when Manitoba's property legislation was drawn. The cases to which I will refer speak to a number of the concerns expressed during our consultations and during the legislative committee meetings. They speak of stereotyping and discrimination and how they must be considered when legislation is being examined. In particular they say those matters have no place in the legislation of today.

A related issue arose during our consultations - whether Manitoba should establish a system to permit the registration of common-law partnerships. If established, such a system would have ramifications with respect to property-related legislation but I will only make passing reference to it in this Part. I will deal with registration as a separate issue in Part IV.

Opinion on Common-Law Relationships of Hon. A.C Hamilton, Q.C. - Final Report Part III) Property - Introduction
Part II) Advice and Recommendations	Part III) Consultations
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