What is the legal test for marriage to a child of less than 7 years?
British Columbia, Canada
The following excerpt is from Legebokoff v. Legebokoff, 1982 CanLII 273 (BC SC):
The Parliament of Canada has exclusive legislative authority in regard to the capacity of persons to marry, and it is silent on the minimum age. At common law, derived from ecclesiastical law, the marriage of a child of less than seven years is void. The marriage of a male older than seven years but younger than 14 years, or a female older than seven but younger than 12 years, is voidable at the instance of the infant upon his or her attaining the requisite minimum age. Further, a marriage where either or both parties were under age becomes validated if they continue to cohabit as husband and wife after reaching the age of capacity: Kerr v. Kerr, supra.
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