I want to thank Mrs. Morency for the clarification she's brought.
In the context of the amendments Mr. Comartin is suggesting, I want to be clear in my own mind, so I'm going to give a hypothetical situation.
On December 31, 2007, a conjugal relationship begins between a 15-year-old girl and a 20-year-old male. On January 1, 2008, Bill C-22, as it now is--if the version the government has tabled is adopted--enters into force. On February 1, 2008, a month later, criminal charges are laid against the 20-year-old male, because the relationship is illegal, if I'm not mistaken, or you can answer that. On March 1, 2008, the young woman becomes pregnant. He's been charged, but he's out on bail. They managed to hook up at least once. She doesn't know she's pregnant. By the time he comes to trial, she's out to here.
In that circumstance, if in fact when the legislation came into force, given the relationship, he was committing a criminal act because the conjugal relationship began before, or the first sexual contact began--she's not pregnant when he's charged, she does become pregnant following the criminal charges--would they be able to go before a judge, in the jurisdictions that allow for “under-16 who are pregnant”, to apply for a marriage licence? And would a defence be provided him?