You raised the point that should the defence of marriage to the complainant be allowed, it would be open to court challenges. I expect there would be challenges. You have 15-year-olds in certain provinces or territories who can become legally married. It is recognized by the state, yet because they are greater than five years older one of the spouses is charged criminally. I would assume that person would file a charter challenge. “The state recognizes my marriage and yet you're telling me I've committed illegal acts.” Either way we're in a quandary, are we not? Either scenario would allow for a substantive charter challenge.
On April 19th, 2007. See this statement in context.