Laws

Canada

MANITOBA

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Bullying
  Civil Unions
Custody of Children
Discrimination
Estates, Wills
Fostering Children
Gender Identity
Harassment
  Hate Crimes
Health, Medical
HIV/Aids
Homosexuality
Inheritance, Succession
In Vitro Fertilisation (IVF)
Marriage
  Parenting
Partners
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

Please read the Disclaimer

Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
1.

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].

2.

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].

R1.1 The Charter Compliance Act 01 AUG 02
R1.2 Winnipeg Sun: 'NDP Backs Gay Couples 18 JUL 02
R1.3 Canadian Press: Manitoba Receives Final Report on Same-sex Relationships and the Law 22 MAR 02
R1.4 Canadian Press: Manitoba, Saskatchewan Increase Gay Rights in Line with 1999 Supreme Court Ruling 29 MAY 01
R1.5 Canadian Press: Bill Won't Alter Definition of "Spouse"" 11 FEB 00
R2.1 Capital Q: Public Employees Get Benefits 05 NOV 97
Discrimination Legislation/Cases/References
1.

Province

On 01 August 2002, The Charter Compliance Act as assented to [L1.3].

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 [R1.2].

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.

The Discriminatory Business Practices Act makes it unlawful to refuse to engage in business with a second person or to refuse or fail to employ, appoint or promote a second person or to dismiss or suspend a second person from employment, where the refusal, failure, dismissal or suspension … is on account of [their sexual orientation] [L1.1].

2.

Courts & Tribunals

On 12 February 2018, the Court of Appeal unanimously (3-0) ruled against Kevin Kisilowsky, a self-described ''Christian missionary evangelist'' who said he would never perform ceremonies for same-sex couples and was stripped of his certification by a November 2016 judgment of the Court of Queen's Bench [C2.5], [R2.4].

On 21 November 2016, Court of Queen's Bench Justice Karen Simonsen ruled this week that the decision of the Manitoba government to strip former marriage commissioner Kevin Kisilowsky of his licence did not substantially violate his constitutional right to religious freedom, saying if the applicant were allowed to refuse to marry same-sex couples, other marriage commissioners may follow suit. This could result in more rejections and difficulty for same-sex couples [C2.3], [R2.2].

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].

L1.3 The Charter Compliance Act 01 AUG 02
R1.2 Group Organizing on Same-Sex Issues and Principles (GOSSIP) News Release: "GOSSIP strongly supports Charter Compliance Act" 06 JUN 02
L1.1 The Discriminatory Business Practices Act 19 JAN 09
2. Courts & Tribunals
C2.5 Judgment: Kevin Richard Kisilowsky v. HM The Queen 2018 MBCA 10 PDF 379.73kb 12 FEB 18
R2.4 CBCnews: Manitoba Appeal Court upholds ruling that cost anti-gay marriage commissioner his certification 01 MAR 18
C2.3 Judgment: Kevin Richard Kisilowsky v. Province of Manitoba 2016 MBQB 22 PDF 280.51kb 21 NOV 16
R2.2 NationalPost: All marriage commissioners must perform same-sex wedding, Manitoba judge rules 27 NOV 16
R2.1 Melbourne Star Observer: Ontario's Gays Can Demand Support 10 JAN 97

GayLawNet®™ "Exclusive" Sponsorship of this page IS available
Estates, Inheritance, Property, Succession, Wills Legislation/Cases/References
1.

Province

On 09 August 2002, The Common Law Partners' Property and Related Amendments Act (Bill 53) was assented to, extending marital property laws to common law relationships (both same and opposite sex) and giving common law partners the right to their partner's estate if they die without a Will [L1.2].

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.

L1.2 Manitoba Laws: The Common Law Partners' Property and Related Amendments Act (Accessed 18 JUN 12)
R1.1 Professor Karen Busby: "GOSSIP'S Position on Bill 53" AUG 02
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
See also: [DISCRIMINATION]
1.

Province

On 02 February 2015, transgender Manitobans were able to change their sex designation on birth registrations and certificates without requiring proof of surgery. Applicants now only need to provide a statutory declaration of the change, along with a letter from a health-care professional [R1.4].

On 25 April 2014, Tourism, Culture, Heritage, Sport and Consumer Protection Minister Ron Lemieux announced proposed changes to the Vital Statistics Act enabling people to change their officially listed gender without undergoing reassignment surgery [R1.3].

On 14 June 2012, The Human Rights Code Amendment Act (Bill 36) was assented to and became law [L1.2].

On 23 May 2012, Justice Minister Andrew Swan introduced Bill 36, The Human Rights Code Amendment Act. If passed into law, the Act will expand Manitoba's Human Rights Code to prohibit discrimination on the basis of gender identity [R1.1].

R1.4 WinnepegSun: Changing sex no longer requires surgical proof in Manitoba 30 JAN 15
R1.3 WinnipegSun: Transgender ID change won't require surgery 25 APR 14
L1.2 Legislative Assembly of Manitoba: The Human Rights Code Amendment Act
R1.1 CCLA: Manitoba Bill to Add Gender Identity and Social Disadvantage to Human Rights Code 24 MAY 12
Health, Medical Legislation/Cases/References
See also: [GENDER IDENTITY]
1.

Province

On 02 February 2015, transgender Manitobans were able to change their sex designation on birth registrations and certificates without requiring proof of surgery. Applicants now only need to provide a statutory declaration of the change, along with a letter from a health-care professional [R1.1].

R1.1 WinnepegSun: Changing sex no longer requires surgical proof in Manitoba 30 JAN 15
HIV / Aids Legislation/Cases/References
1.

Courts & Tribunals

On 05 October 2012, the Supreme Court of Canada ruled it is not always a crime for people with HIV to not disclose their HIV status to their sex partners if there is no realistic possibility of transmission of HIV – as when they have a low level of the virus, wear a condom, are not reckless and do not fail to take steps to avoid transmitting the potentially fatal virus [C2.2], [R2.1]

C2.2 Judgment: R. v. Mabior 2012 SCC 47, 05 OCT 12
R2.1 CTV News: Supreme Court: Failure to disclose HIV to sex partners not always a crime 05 OCT 12
Marriage Legislation/Cases/References
1.

Federal

See Federal - Marriage

2.

Courts & Tribunals

On 12 February 2018, the Court of Appeal unanimously (3-0) ruled against Kevin Kisilowsky, a self-described ''Christian missionary evangelist'' who said he would never perform ceremonies for same-sex couples and was stripped of his certification by a November 2016 judgment of the Court of Queen's Bench [C2.5], [R2.4].

On 21 November 2016, Court of Queen's Bench Justice Karen Simonsen ruled this week that the decision of the Manitoba government to strip former marriage commissioner Kevin Kisilowsky of his licence did not substantially violate his constitutional right to religious freedom, saying if the applicant were allowed to refuse to marry same-sex couples, other marriage commissioners may follow suit. This could result in more rejections and difficulty for same-sex couples [C2.3], [R2.2].

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]

C2.5 Judgment: Kevin Richard Kisilowsky v. HM The Queen 2018 MBCA 10 PDF 379.73kb 12 FEB 18
R2.4 CBCnews: Manitoba Appeal Court upholds ruling that cost anti-gay marriage commissioner his certification 01 MAR 18
C2.3 Judgment: Kevin Richard Kisilowsky v. Province of Manitoba 2016 MBQB 22 PDF 280.51kb 21 NOV 16
R2.2 NationalPost: All marriage commissioners must perform same-sex wedding, Manitoba judge rules 27 NOV 16
R2.1 Canada Marriage Grows 23 SEP 04
Parenting, Adoption, Fostering Legislation/Cases/References
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].

L1.1 The Adoption Act (Accessed 01 NOV 09)
L1.2 The Charter Compliance Act 01 AUG 02
Violence: Bullying, Domestic Violence, Harassment, Vilification Legislation/Cases/References
1.

Province

On 10 October 2013, Bill 18, The Public Schools Amendment Act (Safe and Inclusive Schools) legislation making bullying unlawful and requiring schools to accommodate gay-straight alliances, came into effect [L1.3], [R1.2].

On 13 September 2013, the third reading of The Public Schools Amendment Act (Safe and Inclusive Schools) Bill 18, an anti-bullying bill which requires schools to accommodate gay-straight alliances, passed the legislature in a 36-16 vote. The Bill awaits Royal Assent from the Lieutenant Governor before becoming law [R1.1]

L1.3 The Legislative Assewmbly of Manitoba: Bill 18: The Public Schools Amendtment Act (Safe and Inclusive Schools) (Accessed 14 OCT 13)
R1.2 BrandonSun: Anti-bullying bill becomes law 10 OCT 13
R1.1 CTV News: Manitoba anti-bullying bill now law, endorses gay-straight alliances 13 SEP 13

GayLawNet®™ "Exclusive" Sponsorship of this page IS available