The Terms of Reference require that the following question be addressed in relation to the property issue:

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 spouses an interest in and right to inherit/share their spouse's property.

Section A describes in detail the current provisions of Manitoba's property legislation as it applies to spouses including legislation that gives an interest in a spouse's property during the term of the marriage, legislation that gives a right to share in a spouse's property upon separation or divorce, and legislation that gives a right to inherit a spouse's property upon death. Section B provides information about a variety of views of Manitobans on the issue of extending property rights to common-law partners, including same-sex common-law partners. Section C analyzes the provisions of our property legislation in relation to the Charter, and considers whether such legislation would be likely to survive a Charter challenge. Section D reviews the legislative approaches taken or proposed in other Canadian jurisdictions.

Finally, section E contains my analysis of which legislative approaches I believe would comply with the Charter and which would be recommended. A summary of my recommendations pertaining to property are set out in the recommendations in section F.

Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C. - Volume 1 V. Property
IV d) Conflict of Interest - Recommendations	V a) Property Legislation in Manitoba
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