Harmindar Singh Dhaliwal FCJ:

Introduction

[1] This application raises two important questions. The first pertains to the jurisdiction of this court to review its own decisions which have been heard and decided. The second concerns the circumstances in which denial of the right to be heard can constitute a ground for such review warranting a rehearing.

[2] The application (encl 1) was filed pursuant to r 137 of the Rules of the Federal 1995 ("RFC 1995") and the inherent jurisdiction of the court to set aside an earlier decision of this court. The decision which is the subject matter of the complaint is the majority decision of this court dated 11 February 2020, where the court declined, by majority, to answer the constitutional questions referred to the court on the grounds that the questions were abstract, academic and hypothetical. These constitutional questions were referred by special case from the High court pursuant to s 84 of the Courts of Judicature Act 1964 ("CJA 1964").

[3] We heard the instant application on 10 September 2020. The primary legal issue confronting us was whether there was a breach of natural justice and if so, whether it had resulted in a grave injusti