In addition, had we been persuaded that the application was moot, we would have exercised our discretion to hear it, as doing so would be in the interests of justice: see Tran v. Abbott, 2018 BCCA 365 at paras. 13–15, 16 B.C.L.R. (6th) 222. This matter raises an important legal question, namely, whether the principles of procedural fairness require that persons in respect of whom a waiver of specialty is sought have participatory rights in that decision-making process similar to those they have in regard to the decision to surrender.
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