Docket
35958
Francis Anthonimuthu Appulonappa, et al. v. Her Majesty the Queen, et al.
(British Columbia) (Criminal) (By Leave)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-12-03 | Appeal closed | |
| 2015-11-30 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-11-30 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-11-27 | Judgment on the appeal rendered, CJ Abe Ro Mo Ka Wa Ga, The appeals from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA040592, CA040593, CA040594 and CA040595, 2014 BCCA 163, dated April 30, 2014, heard on February 17, 2015, are allowed. Section 117 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, as it was at the time of the alleged offences, should be read down, as not applying to persons providing humanitarian aid to asylum-seekers or to asylum-seekers who provide each other mutual aid (including aid to family members), to bring it in conformity with the Canadian Charter of Rights and Freedoms. The charges are remitted for trial on this basis. Allowed |
|
| 2015-11-23 | Media lock-up request accepted | |
| 2015-11-18 | Media lock-up consent form received from | Jeyachandran Kanagarajah |
| 2015-11-16 | Media lock-up consent form received from, Fiona Begg | Francis Anthonimuthu Appulonappa |
| 2015-11-16 | Media lock-up consent form received from, (Letter Form), Peter Edelman | Hamalraj Handasamy |
| 2015-11-16 | Media lock-up consent form received from | Vignarajah Thevarajah |
| 2015-11-16 | Media lock-up consent form received from | Her Majesty the Queen |
| 2015-11-06 | Media lock-up letter, consent form and undertaking sample sent to all parties | |
| 2015-03-17 | Media lock-up request refused | |
| 2015-03-13 | Media lock-up requested or proposed | |
| 2015-03-06 | Transcript received, 145 pages | |
| 2015-02-17 | Judgment reserved OR rendered with reasons to follow | |
| 2015-02-17 | Hearing of the appeal, 2015-02-16, CJ Abe Ro Mo Ka Wa Ga Judgment reserved |
|
| 2015-02-17 | Intervener's condensed book, (Book Form), Filed in Court | Canadian Civil Liberties Association |
| 2015-02-17 | Intervener's condensed book, (Book Form), Filed in Court | Amnesty International (Canadian Section, English Branch) |
| 2015-02-17 | Intervener's condensed book, (Book Form), Filed in Court | Attorney General of Ontario |
| 2015-02-17 | Intervener's condensed book, (Book Form), Filed in Court | Canadian Council for Refugees |
| 2015-02-17 | Appellant's condensed book, (Book Form), Filed in Court | Hamalraj Handasamy |
| 2015-02-17 | Appellant's condensed book, (Book Form), Filed in Court | Francis Anthonimuthu Appulonappa |
| 2015-02-17 | Respondent's condensed book, (Book Form), Filed in Court | Her Majesty the Queen |
| 2015-02-16 | Respondent's condensed book, (Book Form), Filed in Court - Vol. 1 and 2 | Her Majesty the Queen |
| 2015-02-11 | Notice of appearance, Greg Delbigio and Lisa Sturgess will be appearing | Vignarajah Thevarajah |
| 2015-02-11 | Correspondence received from, (Letter Form), Colleen Bauman re: will be referring to the decision in Carter in their argument, (Electronic version filed on 2015-02-11) | British Columbia Civil Liberties Association |
| 2015-02-11 | Appeal perfected for hearing | |
| 2015-02-10 | Correspondence received from, (Letter Form), Gowling re: order of presentation, (Electronic version filed on 2015-02-10) | Francis Anthonimuthu Appulonappa |
| 2015-02-10 | Notice of appearance, (Letter Form), Marlys Edwardh and Daniel Sheppard will be appearing and Ms. Edwardh will make oral submission | British Columbia Civil Liberties Association |
| 2015-02-10 | Notice of appearance, (Letter Form), Micah B. Rankin and Phil Rankin will be appearing and Micah Rankin will make oral submission | Jeyachandran Kanagarajah |
| 2015-02-10 | Notice of appearance, (Letter Form), Peter Edelmann and Jennifer Ellis will be appearing and Mr. Edelmann will make oral submission | Hamalraj Handasamy |
| 2015-02-09 | Correspondence received from, (Letter Form), 1 reserved seat | Francis Anthonimuthu Appulonappa |
| 2015-02-06 | Supplemental document, (Book Form), Joint with 35677, 35685, 35688, 35388 - AUTHORITIES, Completed on: 2015-02-06, (Electronic version filed on 2015-02-06) | Her Majesty the Queen |
| 2015-02-06 | Reply factum on appeal, (Book Form), Joint with 35677, 35685, 35688, 35388, Completed on: 2015-02-06, (Electronic version filed on 2015-02-06) | Her Majesty the Queen |
| 2015-02-06 | Order by, Ga, FURTHER TO THE ORDER dated November 27, 2014, granting leave to intervene to Amnesty International (Canadian Section, English Branch); AND FURTHER TO THE ORDER dated January 7, 2015, granting leave to intervene to the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association, the Canadian Council for Refugees and the Canadian Association of Refugee Lawyers; IT IS HEREBY FURTHER ORDERED THAT: 1. Amnesty International (Canadian Section, English Branch), the Canadian Civil Liberties Association, the Canadian Council for Refugees and the Canadian Association of Refugee Lawyers are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. 2. The British Columbia Civil Liberties Association is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2015-02-02 | Intervener's book of authorities, (Book Form), Joint with 35677, 35685, 35688, 35388, Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | Canadian Association of Refugee Lawyers |
| 2015-02-02 | Intervener's factum, (Book Form), Joint with 35677, 35685, 35688, 35388, Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | Canadian Association of Refugee Lawyers |
| 2015-02-02 | Intervener's book of authorities, (Book Form), Joint with 35677, 35685, 35688, 35388 , Completed on: 2015-02-09, (Electronic version filed on 2015-02-02) | Amnesty International (Canadian Section, English Branch) |
| 2015-02-02 | Intervener's factum, (Book Form), Joint with 35677, 35685, 35688, 35388 , Completed on: 2015-02-09, (Electronic version filed on 2015-02-02) | Amnesty International (Canadian Section, English Branch) |
| 2015-02-02 | Intervener's book of authorities, (Book Form), Joint with 35677, 35688, 35685, Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | Canadian Civil Liberties Association |
| 2015-02-02 | Intervener's factum, (Book Form), Joint with 35677, 35688 et 35685, Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | Canadian Civil Liberties Association |
| 2015-02-02 | Intervener's book of authorities, (Book Form), Completed on: 2015-02-02 | Attorney General of Ontario |
| 2015-02-02 | Intervener's factum, (Book Form), Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | Attorney General of Ontario |
| 2015-02-02 | Intervener's book of authorities, (Book Form), Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | British Columbia Civil Liberties Association |
| 2015-02-02 | Intervener's factum, (Book Form), Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | British Columbia Civil Liberties Association |
| 2015-02-02 | Intervener's book of authorities, (Book Form), Joint with 35677, 35688, 35388 and 35685, Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | Canadian Council for Refugees |
| 2015-02-02 | Intervener's factum, (Book Form), Joint with 35677, 35688, 35388 and 35685, Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | Canadian Council for Refugees |
| 2015-01-30 | Notice of appearance, (Letter Form), Fiona Begg and Maria Sokolova will be appearing and Ms. Begg will make oral submissions. | Francis Anthonimuthu Appulonappa |
| 2015-01-29 | Order on motion to file a lengthy factum, (Joint 35388, 35677, 35685, 35688 & 35958) | |
| 2015-01-29 | Decision on motion to file a lengthy factum, (Joint 35388, 35677, 35685, 35688 & 35958), Ga, UPON APPLICATION by the intervener, Canadian Association of Refugee Lawyers, for leave to file five (5) additional pages in addition of the instructed ten (10) pages in its factum and, if granted leave, to make oral argument for an additional five (5) minutes in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The request for leave to file additional pages in its factum is dismissed. The request for an additional five (5) minutes of oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. Dismissed |
|
| 2015-01-29 | Submission of motion to file a lengthy factum, (Joint 35388, 35677, 35685, 35688 & 35958), Ga | |
| 2015-01-29 | Notice of appearance, (Letter Form), Paul Riley and Ms. Banafsheh Sokhansanj will be appearing and Mr. Riley will present oral arguments | Her Majesty the Queen |
| 2015-01-21 | Response to the motion to file a lengthy factum, (Letter Form), Completed on: 2015-01-21 | Her Majesty the Queen |
| 2015-01-20 | Respondent's book of authorities, (Book Form), 2 volumes, Completed on: 2015-01-20 | Her Majesty the Queen |
| 2015-01-20 | Respondent's record, (Book Form), Completed on: 2015-01-20 | Her Majesty the Queen |
| 2015-01-20 | Respondent's factum, (Book Form), Completed on: 2015-01-20 | Her Majesty the Queen |
| 2015-01-20 | Response to the motion to file a lengthy factum, (Letter Form), Completed on: 2015-01-20 | Hamalraj Handasamy |
| 2015-01-20 | Response to the motion to file a lengthy factum, (Letter Form), Completed on: 2015-01-20 | Francis Anthonimuthu Appulonappa |
| 2015-01-19 | Order on motion to extend time, (by THE REGISTRAR) | |
| 2015-01-19 | Decision on motion to extend time, Reg, UPON APPLICATION by the appellants for an Order extending the time to serve and file a joint book of authorities to December 23, 2014; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2015-01-19 | Submission of motion to extend time, Reg | |
| 2015-01-16 | Motion to file a lengthy factum, (Book Form), CARL asking to file an additional five (5) pages to the Intervener's Factum & for an additional five (5) minutes for oral argument if leave for argument is granted. (Joint with 35677-35685-35688-35388), Completed on: 2015-01-16, (Electronic version filed on 2015-01-20) | Canadian Association of Refugee Lawyers |
| 2015-01-07 | Order on motion for leave to intervene, (by GASCON J.) | |
| 2015-01-07 | Decision on the motion for leave to intervene, Ga, UPON APPLICATIONS by the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association, the Canadian Council for Refugees and the Canadian Association of Refugee Lawyers for leave to intervene in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association, the Canadian Council for Refugees and the Canadian Association of Refugee Lawyers are granted; The British Columbia Civil Liberties Association shall be entitled to serve and file a factum not to exceed 10 pages in length on or before February 2, 2015. The Canadian Civil Liberties Association, the Canadian Council for Refugees and the Canadian Association of Refugee Lawyers may address the issues raised in this appeal in their factum to be filed in the related appeals Jesus Rodriguez Hernandez v. Minister of Public Safety and Emergency Preparedness (35677), B306 v. Minister of Public Safety and Emergency Preparedness (35685), J.P. et al. v. Minister of Public Safety and Emergency Preparedness (35688) and B010 v. Minister of Citizenship and Immigration (35388). The interveners shall take the necessary steps to avoid duplicative submissions. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their interventions. Granted |
|
| 2015-01-07 | Submission of motion for leave to intervene, Ga | |
| 2014-12-30 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2014-12-30 | Her Majesty the Queen |
| 2014-12-24 | Response to the motion for leave to intervene, (Letter Form), For CCR + CARL , Completed on: 2014-12-24 | Francis Anthonimuthu Appulonappa |
| 2014-12-23 | Motion for leave to intervene, (Book Form), Completed on: 2014-12-23 | Canadian Association of Refugee Lawyers |
| 2014-12-23 | Notice of appearance, Hart Schwartz and Padraic Ryan will be present at the hearing. | Attorney General of Ontario |
| 2014-12-23 | Motion for leave to intervene, (Book Form), Completed on: 2014-12-23 | Canadian Council for Refugees |
| 2014-12-23 | Correspondence received from, Intervener Canadian Council for Refugees, re.: Motion is for file 35958 ONLY | Canadian Council for Refugees |
| 2014-12-23 | Motion to extend time, To serve and file the book of authorities, Completed on: 2014-12-23, (Electronic version filed on 2014-12-23) | Francis Anthonimuthu Appulonappa |
| 2014-12-23 | Appellant's book of authorities, Joint - 3 volumes, Completed on: 2014-12-24 | Francis Anthonimuthu Appulonappa |
| 2014-12-23 | Response to the motion for leave to intervene, (Letter Form), by BCCLA, Completed on: 2014-12-23 | Francis Anthonimuthu Appulonappa |
| 2014-12-22 | Intervener's book of authorities, (Book Form), On Motion to Intervene, Completed on: 2014-12-22 | Canadian Civil Liberties Association |
| 2014-12-22 | Response to the motion for leave to intervene, to CCLA, Completed on: 2014-12-22 | Francis Anthonimuthu Appulonappa |
| 2014-12-22 | Motion for leave to intervene, (Book Form), Completed on: 2014-12-22 | British Columbia Civil Liberties Association |
| 2014-12-19 | Motion for leave to intervene, (Book Form), Completed on: 2014-12-19 | Canadian Civil Liberties Association |
| 2014-12-19 | Certificate (on limitations to public access) | Francis Anthonimuthu Appulonappa |
| 2014-12-16 | Notice of hearing sent to parties | |
| 2014-12-09 | Appellant's factum, Joint, Completed on: 2014-12-09 | Jeyachandran Kanagarajah |
| 2014-12-09 | Appellant's factum, Completed on: 2014-12-09 | Francis Anthonimuthu Appulonappa |
| 2014-12-09 | Appellant's factum, Completed on: 2014-12-09 | Hamalraj Handasamy |
| 2014-12-08 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2014-12-05 | Notice of appearance, (Letter Form), Gregory Delbigio, Q.C. and Lisa Sturgess will be appearing and Mr. Delbigio will make oral presentation | Vignarajah Thevarajah |
| 2014-12-02 | Appeal hearing scheduled, 2015-02-17, Early start 9 a.m., Day 2 (FOR WEBCASTING PURPOSES ONLY) | |
| 2014-12-02 | Appeal hearing scheduled, 2015-02-16, Early start 9 a.m., Day 1 Judgment reserved |
|
| 2014-12-01 | Certificate of counsel (attesting to record) | Francis Anthonimuthu Appulonappa |
| 2014-12-01 | Appellant's record, Joint (5 volumes), Completed on: 2014-12-01 | Francis Anthonimuthu Appulonappa |
| 2014-11-27 | Order on motion for leave to intervene, (by GASCON J.) | |
| 2014-11-27 | Decision on the motion for leave to intervene, (joint with 35388, 35677, 35685 and 35688), Ga, UPON APPLICATION by Amnesty International (Canadian Section, English Branch) for leave to intervene in the above appeals; AND UPON APPLICATIONS by the Canadian Council for Refugees, the David Asper Centre for Constitutional Rights, the Canadian Association of Refugee Lawyers and the United Nations High Commissioner for Refugees for leave to intervene in the appeals B010 v. Minister of Citizenship and Immigration (35388), Jesus Rodriguez Hernandez v. Minister of Public Safety and Emergency Preparedness (35677), B306 v. Minister of Public Safety and Emergency Preparedness (35685) and J.P. et al. v. Minister of Public Safety and Emergency Preparedness (35688); AND UPON APPLICATION by the Canadian Civil Liberties Association for leave to intervene in the appeals Jesus Rodriguez Hernandez v. Minister of Public Safety and Emergency Preparedness (35677), B306 v. Minister of Public Safety and Emergency Preparedness (35685) and J.P. et al. v. Minister of Public Safety and Emergency Preparedness (35688); AND UPON APPLICATION by the South Asian Legal Clinic of Ontario for leave to intervene in the appeals B010 v. Minister of Citizenship and Immigration (35388), B306 v. Minister of Public Safety and Emergency Preparedness (35685) and J.P.et al. v. Minister of Public Safety and Emergency Preparedness (35688); AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Canadian Council for Refugees, the David Asper Centre for Constitutional Rights, the Canadian Association of Refugee Lawyers, Amnesty International (Canadian Section, English Branch), the United Nations High Commissioner for Refugees and the Canadian Civil Liberties Association are granted, and the said six (6) interveners shall be entitled to each serve and file a single factum, not to exceed 10 pages in length, on or before February 2, 2015. The motion for leave to intervene of the South Asian Legal Clinic of Ontario is dismissed. The interveners shall take the necessary steps to avoid duplicative submissions. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their interventions. AND IT IS HEREBY FURTHER ORDERED THAT all respondents may serve and file a single factum, not to exceed 10 pages in length, in reply to the interveners on or before February 9, 2015. Allowed in part |
|
| 2014-11-27 | Submission of motion for leave to intervene, Ga | |
| 2014-11-21 | Notice of constitutional question(s), All Attorneys General served on November 21, 2014 | Francis Anthonimuthu Appulonappa |
| 2014-11-21 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2014-11-21 | Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellants for an order stating constitutional questions in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOWS: 1. Does s. 117 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, infringe s. 7 of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Any attorney general who intervenes pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall pay the appellants and respondent the costs of any additional disbursements they incur as a result of the intervention. Granted |
|
| 2014-11-21 | Submission of motion to state a constitutional question, CJ | |
| 2014-10-27 | Response to the motion to state a constitutional question, (Letter Form), Completed on: 2014-10-27, (Electronic version filed on 2014-10-27) | Her Majesty the Queen |
| 2014-10-24 | Response to the motion for leave to intervene, (Letter Form), response to motion filed by Amnesty International (joint with 35685, 35677, 35388 and 35688), Completed on: 2014-10-24, (Electronic version filed on 2014-10-24) | Her Majesty the Queen |
| 2014-10-22 | Motion to state a constitutional question, (Letter Form), Completed on: 2014-10-22, (Electronic version due on 2014-10-29) | Francis Anthonimuthu Appulonappa |
| 2014-10-14 | Motion for leave to intervene, (Book Form), Joint with 35677, 35685, 35688, 35388, Completed on: 2014-10-14, (Electronic version filed on 2014-10-21) | Amnesty International (Canadian Section, English Branch) |
| 2014-10-14 | Notice of appeal, Completed on: 2014-10-14 | Hamalraj Handasamy |
| 2014-10-14 | Notice of appeal, (Letter Form), Completed on: 2014-10-14, (Electronic version filed on 2014-10-09) | Vignarajah Thevarajah |
| 2014-10-10 | Notice of appeal, (Letter Form), Completed on: 2014-10-10, (Electronic version filed on 2014-10-09) | Jeyachandran Kanagarajah |
| 2014-10-10 | Notice of appeal, (Letter Form), Completed on: 2014-10-10, (Electronic version filed on 2014-10-09) | Francis Anthonimuthu Appulonappa |
| 2014-10-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-10-10 | Judgment on leave sent to the parties | |
| 2014-10-09 | Correspondence (sent by the Court) to, all parties by fax, re: schedule for serving and filing the material in this appeal | |
| 2014-10-09 | Judgment of the Court on the application for leave to appeal, The motion to join the applications for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA040592; CA040593; CA040594; CA040595; 2014 BCCA 163, dated April 30, 2014, is granted without costs. The appeal will be heard with B010 v. Minister of Citizenship and Immigration (35388), Jesus Rodriguez Hernandez v. Minister of Public Safety and Emergency Preparedness (35677), B306 v. Minister of Public Safety and Emergency Preparedness (35685) and J.P. et al. v. Minister of Public Safety and Emergency Preparedness (35688). The schedule for serving and filing the materials shall be set by the Registrar. Granted, without costs |
|
| 2014-10-09 | Decision on the miscellaneous motion Granted |
|
| 2014-09-22 | All materials on application for leave submitted to the Judges, Abe Ro Mo | |
| 2014-09-22 | Submission of miscellaneous motion, Abe Ro Mo | |
| 2014-08-29 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2014-08-29 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-08-29, (Electronic version filed on 2014-08-29) | Her Majesty the Queen |
| 2014-07-31 | Response to miscellaneous motion, (Letter Form), Org. copy received Aug. 1, 2014, Completed on: 2014-07-31 | Her Majesty the Queen |
| 2014-07-30 | Notice of miscellaneous motion, (Letter Form), Motion for an order joining the applications, Completed on: 2014-07-30, (Electronic version filed on 2014-08-07) | Francis Anthonimuthu Appulonappa |
| 2014-06-30 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED JUNE 30, 2014 | |
| 2014-06-27 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Francis Anthonimuthu Appulonappa |
| 2014-06-27 | Notice of miscellaneous motion, (Book Form), (Included in the application for leave to appeal), for an order permitting to consolidate the applications for leave in a single application (found in their notice for leave to appeal), Completed on: 2014-06-27 | Francis Anthonimuthu Appulonappa |
| 2014-06-27 | Correspondence received from, (Letter Form), Applicants are requesting an Oral Hearing | Francis Anthonimuthu Appulonappa |
| 2014-06-27 | Application for leave to appeal, (Book Form), Draft order filed. Formal Order form rec'd Jul.18/2014, FINAL CA ORDER to come - 4 different final orders rec'd July 17, 2014, Completed on: 2014-07-21, (Electronic version filed on 2014-06-27) | Francis Anthonimuthu Appulonappa |
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