Grace (identifies as heterosexual woman) and Leo (identifies as bisexual man) both attend Wilfrid Laurier University in 2012. They meet during O-Week, and they are immediately captivated by one another. They spend the whole fall semester together, going to Halloween parties, attending Homecoming, and studying for finals together. Both Grace and Leo live in Waterloo. They are both 18 when they meet. They become boyfriend and girlfriend in October of 1st year, and stay together for a whole year.

On the anniversary of their first date in 2013, Grace says to Leo "I really want to get married. I know we're young, but I don't care." Leo says "We are so young, and I'm really not ready for that. I thought we were just having fun." Grace replies "WHAT? FUN? How could you be so cruel? If you don't marry me, not only will I break up with you right here and right now, I'm going to write an article in The Sputnik about how you cheated on your  exams, how you cheated on me (even though that's not true), and that you're just generally a very cruel person." Leo is really scared. While he doesn't want to get married, he doesn't actually want to break up and is also worried about these threats. He quickly goes to the nearest jewelry store, buys a ring, and proposes on the spot. They get married shortly after in December 2013.

 

After they graduate in 2016, they move to Prince Edward Island.

Fast forward a few years, and money is tight for the couple. Grace decides she's going to set up an online store to sell pornographic novels, which she plans to write herself. Grace just wants to make a quick buck, so the novels are the Walmart of pornographic novels. They're fine, just not anywhere near high quality and meant for high volume purchase. She is inspired by 50 Shades of Grey and so includes lots of BDSM scenes. She doesn't tell Leo about this.

 

A few months later, Leo decides to pick up one of Grace's books to read them. He is disgusted! He immediately runs over to her and says "What is this filth? I can't believe you would write pornographic novels. You know how much I hate porn! This is cruel. How could you subject us to legal risk? You could be prosecuted for distributing obscene materials!" He immediately leaves the house, goes to a bar, flirts with a woman there (Karen), and has sex with her.

 

A few days later in March 2023, after 10 years of marriage, Grace discovers texts from Leo to Karen. She confronts him, and they decide on a separation period. The day after they decide to separate, Leo calls up Karen and says "My marriage is over, and I've loved spending time with you. I want us to get married." Infatuated, she agrees to get married but asks "aren't you still married though?" Leo replies: "I never considered our marriage valid. And even if it was, she treated me with cruelty and broke the law by selling porn, so the marriage is over anyway." Karen is confused but agrees to go to city hall and get a marriage license. Leo indicates "no" on the form when it asks whether either party is currently married.

 

A day after the separation begins, Grace goes to the doctor, because she's been feeling sick. The doctor tells Grace that she's pregnant and suspects she's 13 weeks pregnant. She doesn't want the baby and chooses to terminate the pregnancy. She goes to a crisis pregnancy centre in Prince Edward Island where they live. The person at the centre tells her "It's too late. It's illegal for you to get an abortion now." Grace is completely fed up with her time in Prince Edward Island. She took a course called Law and Sexuality at Laurier and quickly goes through her notes to find some information about abortion access in the US. She finds something about the viability line and the trimester framework. She knows her pregnancy isn't viable yet, so she's pretty sure she should be able to get an abortion there. She decides she's going to move to Mississippi, where she has family. She decides she'll pack everything up, get a last minute flight, and live in Mississippi permanently. By the time she gets to Mississippi, it is present day (December 2023), she is 18 weeks pregnant and immediately visits a Planned Parenthood location to try to get an abortion.

1) Discuss Grace and Leo's marriage. Is their marriage valid? Are Leo's comments to Karen correct? Did Leo incur any legal liability in marrying Karen?

2) Discuss Grace's pornography business. Could she be criminally prosecuted? What would the Court consider in deciding whether the pornography business was a criminal enterprise?

3) Discuss Grace's challenges in securing an abortion. Were the comments at the crisis pregnancy centre correct? Would she likely have been successful in obtaining an abortion in PEI? Are her notes from her Law & Sexuality course correct? Would she likely be successful in obtaining an abortion in Mississippi? Was there potential criminal liability in either jurisdiction?