Current Projects
Non-Disclosure Agreements
A non-disclosure agreement (“NDA”) is a contractual agreement between parties in which a person agrees to keep certain information confidential in return for a benefit. In accordance with a recent reference from Manitoba’s Attorney General and Minister of Justice, the Commission is contemplating whether Manitoba should implement legislation governing the use of NDAs in the settlement of allegations of harassment or discrimination, and if so, what this legislation should look like. In answering these questions, the Commission will refer to the recently enacted Non-Disclosure Agreements Act of Prince Edward Island, and to similar legislation that is currently being contemplated in other Canadian and international jurisdictions.
The Parents’ Maintenance Act
The Commission is reviewing The Parents’ Maintenance Act, a Manitoba law enacted in the 1930s, which creates a statutory duty for children to provide financial support to their parents, who, because of age, disability, or infirmity, are unable to maintain themselves. The Commission seeks to determine whether Manitoba should repeal this legislation, and, if not, whether there are improvements that could be made to it bearing in mind the comparable legislation of the other Canadian provinces and territories.
Elder Abuse
The Commission is in the midst of a large-scale review of Manitoba’s laws relating to abuse and neglect of older adults. Specifically, the Commission is interested in whether current Manitoba laws sufficiently protect older adults from abuse and neglect, and if and how these laws could be reformed or supplemented to better protect this demographic. Specific topics that will be considered by the Commission in its review include statutorily mandated reporting and investigation of abuse and neglect, government-appointed seniors’ advocates, and financial abuse associated with powers of attorney.
Judicial Review
The Commission is conducting a broad review of the Administrative State in Manitoba, with a particular focus on the processes and procedures surrounding judicial review of administrative tribunal decisions. Some issues that the Commission will consider include the lack of procedural guidance in Manitoba’s Court of Queen’s Bench Rules with respect to judicial review; confusion surrounding the treatment of narrow statutory appeals in applications for judicial review following recent, landmark Supreme Court of Canada decisions; and confusion surrounding the jurisdiction of administrative tribunals to decide constitutional questions, among others.
Anti-SLAPP
The Commission is considering whether Manitoba should enact legislation which would provide Manitobans with a specific pre-trial mechanism to dismiss Strategic Lawsuits against Public Participation (“SLAPPs”). SLAPPs are weak or meritless lawsuits brought by individuals or corporations against their critics in an effort to intimidate, coerce, or silence them, to deplete their economic resources, or to stifle public debate. In considering what this legislation might look like in Manitoba if the government were to implement it, the Commission will look to the anti-SLAPP legislation of Quebec, Ontario and British Columbia for guidance.
Accessibility Legislation
The Commission is undertaking a review of The Accessibility for Manitobans Act (“AMA”), a statute which is designed to remove barriers for citizens of Manitoba, especially those with disabilities. Specifically, it will assess whether the AMA appropriately reflects the principles of the United Nations Convention on the Rights of Persons with Disabilities (“CRPD”), a Convention to which Canada is a signatory, intended to “promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.”