I think that's a constitutional question, and I'm not sure I have the answer to it. The conduct, however, would still be a criminal act even if the marriage was acknowledged by the parents and the province. We could get through the totally ridiculous scenario of saying we're going to acknowledge the marriage but they can't have a sexual relationship as part of the marriage until the girl is 16 or 18 or whatever it would be. That's not realistic.
Aside from that, even if that marriage were allowed to go ahead by the province, the sexual conduct within the marriage would be a criminal act and the senior person in the relationship would be committing a criminal act subject to the penalties that Bill C-22 provides.