Review Panel on Common Law Relationships
Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C.

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Volume 2
(Proposed Statute Amendments)


Opinion on Common-Law Relationships of Hon. A.C Hamilton, Q.C.

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Opinion on Common-Law Relationships of A.C. Hamilton
Final Report

IV. Registration of Common-Law Partnerships


Introduction

The registration of common-law relationships was not specifically referred to in our terms of reference, but it was raised during our consultations in connection with adoption and property issues. There was considerable interest in the concept of registering common-law relationships. The majority of those with whom we spoke, even if they were previously unaware such a system existed, seemed to favour the concept. A few did think it was of no value at all and some others said they couldn't see how the system would help to equalize rights.

It is possible therefore, that Ms. Cooper and I have different opinions about the degree of support there was for a registration system. Our opinions may have been influenced by the persuasiveness of some presenters, our own reactions to comments that were made, or by our reactions to the systems that exist.

After hearing of two registration systems, I became even more impressed, not so much by the systems themselves, but by the possibilities they raised. After our second meeting, I asked almost everyone with whom we met, what they thought of a system that would enable common-law partners to register their relationship. I may have taken particular note of the comments that supported registration.

During our meetings, we never did discuss the equalization of all rights between common-law and married couples and I had not yet explored the second line of cases I referred to in Part III of this report. During our consultations we were concentrating on the rights of same-sex couples to adopt. By the time I had completed my review of the case law I became convinced with there were benefits a system of registration could provide.

After reviewing the systems that now exist in some detail and seeing what is happening in other parts of the world, I arrived at the opinion they would fit in our legislative system but that Manitoba could establish its own unique system for the registration of common-law partnerships. The following will indicate how I came to that conclusion.



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

Part IV) Registration of Common-Law Partnerships
Introduction
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Part III) Advice and Recommendations Part IV) Consultations
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.