There is always a defect when there is no ordinary jurisdiction. The Church supplies for that defect.
Are you suggesting that a visiting priest in a diocese that has no faculties from the local ordinary can say to the faithful “don’t worry the Church supplies”?
I think that you would be hard pressed to find a canonist who envisaged Canon 209 in this way.
No.
Then what exactly are you suggesting?
A priest cannot claim this if he can get permission. He can't neglect to seek permission or be rejected and claim to have supplied jurisdiction. I'm suggesting the conditions must be that the permission is impossible to get and the common good is at stake.
The law is at the service of man, not the other way around. We are not speaking of Divine Law here, just to cut off that response before you make it.
413. In its use epieikeia is at once lawful and dangerous. (a) it is lawful, for it defends the common good, the judgment of conscience, the rights of individuals from subjection to a written docuмent, and from opposition by the abuse of power; (b) it is dangerous, for it rests on the judgment of the individual, which is prone to decide in his own favor to the detriment of the common good as well as self.
There follows a very lengthy discussion of the use of epieikeia. If I get a chance, I'll scan and OCR it so I can post the text.