In any event, counsel for the Minister submitted that this application out to be dismissed on the basis of mootness. A court may decline to decide a case which raises merely a hypothetical or abstract question. A judicial review application is moot when a decision will not have the effect of resolving the controversy that affects the rights or potential rights of a party: Higgins v. Canada (Minister of Public Safety and emergency Preparedness), 2007 FC 377 (CanLII), [2007] F.C.J. No. 516.
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