Ahani v. Canada ( Minister of Citizenship and Immigration )
IMM-4204-98 / T-1767-98 / IMM-6546-98 / IMM-4825-98
McGillis J.
18/6/99
7 pp.
Judicial comity-Whether Court bound by recent decision in citizenship and immigration case of Suresh v. Canada (Minister of Citizenship and Immigration), [1999] F.C.J. No. 865 (T.D.) (QL) in so far as deciding same constitutional issues raised in present cases-In Janssen Pharmaceutica Inc. v. Apotex Inc. (1997), 72 C.P.R. (3d) 179 (F.C.A.), Federal Court of Appeal adopted and applied decision of another F.C.A. panel on identical question in different case even though it was not binding on it per se, invoking reasons of judicial comity or stare decisis-For reasons of judicial comity, decision of McKeown J. in Suresh adopted and applied as material facts therein not distinguishable from those in present cases and as McKeown J.'s decision not shown to be manifestly wrong-Parties will nevertheless be provided herein with opportunity, at appropriate time, to make submissions on certification of any questions in relation to constitutional issues.