Justice committee  Provincial law sets the minimum age, within their competence, over solemnization. For the most part, provinces set it at 16 with parental consent, or 15 in the Northwest Territories or Nunavut. In a situation where someone below that age wishes to marry, three jurisdictions disal

Justice committee  Section 153 of the Criminal Code already provides a prohibition against sexual activity with a young person between the ages of 14 and 18 where there is a relationship of trust, authority, or dependency. From the last Parliament, former Bill C-2 broadened that to look at the fact

Justice committee  The only point I would add, as Mr. Moore has indicated, is that there is something of this nature that exists in the United States. In many of the states there is a marriage exception. The exceptions that exist on a permanent basis have been criticized by many as being a way to e

Justice committee  To confirm, the federal government does have authority over what we call the “formal capacity”. The legal term is “essential validity” of marriage, which includes setting the minimum age to marry. Provincial and territorial governments have constitutional jurisdiction over the so

Justice committee  If I'm reading the amendment correctly, it would amend the whole of proposed subsection 151.1(2.2), which provides a transitional exception, not only for married couples as of the date of coming into force, but also for those in common-law relationships needing a definition. Th

Justice committee  I'm not sure if I'm in the best place to explain. I think perhaps Mr. Comartin might be better placed to explain his understanding of this. But the way I read NDP-1 and NDP-2, it's clear that, as I understand the second one, the intent is to say the new age of consent or age of p

Justice committee  I can't comment specifically on each jurisdiction. In fact, this is an issue that's been longstanding. As members around the table will know, over the years the Department of Justice has consulted with members of the public and officials in the provinces and territories on issues

Justice committee  None that I'm aware of.

Justice committee  Again, my understanding is that under the Immigration and Refugee Protection Act, Canada does not recognize a foreign national's marriage or common-law relationship if that young person is under the age of 16. So it doesn't engage on the close-in-age exemption.

Justice committee  Bill C-22 adopts the current definition of a common-law partner in the Criminal Code, so it's the same definition, an established conjugal relationship of one year or more. We're recognizing the possibility that a couple may have been in a shorter period of relationship and she's

Justice committee  Yes.

Justice committee  Under the existing legislation, the age of consent is 18. If it's prostitution, child pornography, or where there's a relationship of trust, dependency, or authority, or as was expanded in the last Parliament under former Bill C-2, the court is directed to say that if there is a

Justice committee  Consent of a 12- and 13-year-old is only valid with another person provided there's less than two years difference in age. You have a two-year close-in-age exception. So it's age 18, at the upper limit, for prostitution, child pornography, these other exploitative relationships

Justice committee  Yes, I do. I think this also will help to clarify some of the information that we had before the committee on Tuesday. Reference was just made to the number of couples; it was 3,000, or something in that range. Between the last committee hearing and today I did follow up with my

Justice committee  Two years ago, in the context of proceedings under a former bill, Bill C-2, the Department of Justice had furnished some information to the committee that talked about what we knew about 15-year-old youths in relationships, either legally married or common law, and the age of the