What is the test for determining whether the definition of spouse is unconstitutional?

I would be reluctant to embark on a consideration of these consequential matters without the assistance of at least a representative of the provincial government, but I find that I need not do so. The reason is that I conclude that even if I were to find the plaintiff entitled to relief under Part 5, I doubt I would award her greater relief bearing in mind the criteria in s.65 of the Act and the fact that the defendant has been left with a substantial mortgage debt. In any event, as in Walsh v. Bona, a declaration that the definition of spouse was unconstitutional would not allow me to grant any relief to the plaintiff before the legislature had dealt with the appropriate criteria