Case information
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27738
Her Majesty the Queen v. Clayton George Mentuck
(Manitoba) (Criminal) (By Leave)
(Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2002-05-27 | Correspondence received, de Me R. Gaudreau en date du 22 mai/02 re: accusant réception de la lettre de Me Roland | |
| 2002-05-15 | Correspondence (sent by the Court) to, Me R. Gaudreau en réponse à sa lettre en date du 6 mai/02 | |
| 2002-05-06 | Correspondence received, de Me Richard Gaudreau (par fax) datée du 6 mai 2002 à propos de la traduction du paragraphe 21du jugement (original reçu le 9 mai/02) | |
| 2002-01-17 | Record returned to the Registrar of the Court of Appeal | |
| 2001-11-28 | Appeal closed | |
| 2001-11-27 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2001-11-22 | Copy of formal judgment being prepared | |
| 2001-11-16 | Notice of deposit of judgment sent to all parties | |
| 2001-11-15 |
Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal is dismissed. The order granting the requested publication ban in full is quashed and the order of Menzies J. dated February 2, 2000 is restored. For calculating the one-year duration of the allowed ban, the date of this order is substituted proprio motu for the date Menzies J.'s order was released. This order shall be subject to the supervision of the Manitoba Court of Queen's Bench. The respondent should have his costs in this Court and the court below. Dismissed, costs against the appellant |
|
| 2001-06-27 | Transcript received, and distributed to the justices (86 pages) | |
| 2001-06-18 | Judgment reserved OR rendered with reasons to follow | |
| 2001-06-18 |
Hearing of the appeal, 2001-06-18, (V063/064), CJ L'HD G Ia Ma Ba Bi Arb LeB Judgment reserved |
|
| 2001-06-18 | Acknowledgement and consent for video taping of proceedings, (with objections) | |
| 2001-06-15 | Correspondence (sent by the Court) to, all parties (by fax) re: Mr. Justice Bastarache will hear the appeal by viewing the videotape of the proceedings at a later date | |
| 2001-06-15 | Notice of appearance | Clayton George Mentuck |
| 2001-06-12 | Notice of appearance | Her Majesty the Queen |
| 2001-06-11 | Notice of appearance, (fax copy) | Winnipeg Free Press and Brandon Sun |
| 2001-06-11 | Notice of appearance | Attorney General of Canada |
| 2001-06-11 | Notice of appearance, (fax copy) | Attorney General for Ontario |
| 2001-06-07 | Intervener's factum, (joint with 28190), Completed on: 2001-06-07 | Canadian Newspaper Association (CNA) |
| 2001-06-07 | Order on motion for leave to intervene, (15 MINUTES EACH ORAL ARGUMENT GRANTED TO WINN FREE PRESS & BRADON SUN, A.G.- CAN., A.G. -B.C.. & 10 MINUTES EACH ORAL ARGUMENT TO A.G. -ONT. & CAN. NEWSPAPER BY L'HEUREUX-DUBÉ J.) | |
| 2001-06-05 | Correspondence received from, Jonathan B. Kroft (by fax) dated June 5/01 re: oral submissions at the hearing | Winnipeg Free Press and Brandon Sun |
| 2001-05-17 | Trial court record, (1 box) | |
| 2001-04-17 | Order on motion for leave to intervene, (BY THE COURT) | |
| 2001-04-17 |
Decision on the motion for leave to intervene, L'HD, and extension of time by the CANADIAN NEWSPAPER ASSOCIATION. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (10 MINUTES ORAL ARGUMENT GRANTED JUNE 7, 2001). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the intervention. Granted, no order as to costs |
|
| 2001-04-17 | Submission of motion for leave to intervene, L'HD | |
| 2001-04-05 | Response to the motion for leave to intervene, (Letter Form), from Gowlings dated Apr. 4/01, Completed on: 2001-04-05 | Her Majesty the Queen |
| 2001-04-03 | Motion for leave to intervene, joint with 28190 (extension of time page 2 par. (c)) (proof of delivery requested) (book form), Completed on: 2001-04-03 | Canadian Newspaper Association (CNA) |
| 2001-03-29 | Notice of appearance, of John M. Gordon at the hearing of the appeal | Attorney General of British Columbia |
| 2001-03-23 | Notice of hearing, Session beginning on 2001-04-17 | Her Majesty the Queen |
| 2001-03-19 | Correspondence received from, C. Webb dated March 19/01 (by fax) re: clarifying revisions made to the Factum cc. to all parties | Attorney General for Ontario |
| 2001-03-16 |
Appeal hearing scheduled, 2001-06-18 Judgment reserved |
|
| 2001-03-12 | Correspondence received from, H. Leonoff dated March 12, 2001 (fax copy) re: this matter should not be televised | Her Majesty the Queen |
| 2001-03-08 | Order on motion to extend time, for B.C.'s authorities | |
| 2001-03-05 | Correspondence received from, E. Meehan dated March 1, 2001 re: date of hearing | Clayton George Mentuck |
| 2001-03-05 |
Decision on motion to extend time, Reg, to serve and file the book of authorities of the intervener A.G. - B.C. to Feb. 21, 2001. Granted, no order as to costs |
|
| 2001-03-05 | Submission of motion to extend time, Reg | |
| 2001-02-22 | Response to motion to extend time, (Letter Form), from D.R. Davis dated Feb. 22/01 (by fax), Completed on: 2001-02-22 | Her Majesty the Queen |
| 2001-02-21 | Book of authorities, Completed on: 2001-02-21 | Attorney General of British Columbia |
| 2001-02-21 | Motion to extend time, to serve and file the Book of Authorities to Feb. 21/01 (1 copy), Completed on: 2001-02-21 | Attorney General of British Columbia |
| 2001-02-16 | Order on motion to extend time | |
| 2001-02-02 |
Decision on motion to extend time, Reg, to serve & file the book of authorities of the intervener Attorney General of Ontario to Jan. 24, 2001. Granted, no order as to costs |
|
| 2001-02-02 | Submission of motion to extend time, Reg | |
| 2001-02-02 | Order on motion to extend time | |
| 2001-02-02 |
Decision on motion to extend time, Reg, to serve and file the factum and book of authorities of the intervener Attorney General of Canada to Jan. 25, 2001. Granted, no order as to costs |
|
| 2001-02-02 | Submission of motion to extend time, Reg | |
| 2001-02-01 | Response to motion to extend time, Completed on: 2001-02-01 | Clayton George Mentuck |
| 2001-01-30 | Response to motion to extend time, (Letter Form), from W. Stewart dated Jan. 25, 2001 (fax copy) re: no opposition, Completed on: 2001-01-30 | Clayton George Mentuck |
| 2001-01-30 | Response to motion to extend time, (Letter Form), from H. Leonoff dated Jan. 24, 2001 (fax copy), Completed on: 2001-01-30 | Her Majesty the Queen |
| 2001-01-30 | Motion to extend time, to file the authorities to Jan. 24, 2001 - 1 copy, Completed on: 2001-01-30 | Attorney General for Ontario |
| 2001-01-26 | Response to motion to extend time, Completed on: 2001-01-26 | Her Majesty the Queen |
| 2001-01-26 | Response to motion to extend time, Completed on: 2001-01-26 | Clayton George Mentuck |
| 2001-01-26 | Motion to extend time, to file the factum and authorities to Jan. 25, 2001 - 2 copies, Completed on: 2001-01-26 | Attorney General of Canada |
| 2001-01-25 | Book of authorities, vol. 1 and 3, Completed on: 2001-01-25 | Attorney General of Canada |
| 2001-01-25 | Intervener's factum, Completed on: 2001-01-31 | Attorney General of Canada |
| 2001-01-24 | Book of authorities, Completed on: 2001-01-24 | Attorney General for Ontario |
| 2001-01-15 | Intervener's factum, (REVISED FACTUM FILED MARCH 16/01 WITH SERVICE), Completed on: 2001-01-15 | Attorney General for Ontario |
| 2001-01-12 | Intervener's factum, Completed on: 2001-01-12 | Attorney General of British Columbia |
| 2001-01-11 | Book of authorities, Completed on: 2001-01-11 | Winnipeg Free Press and Brandon Sun |
| 2001-01-11 | Intervener's factum, Completed on: 2001-01-11 | Winnipeg Free Press and Brandon Sun |
| 2000-12-15 | Respondent's factum, Completed on: 2000-12-15 | Clayton George Mentuck |
| 2000-12-15 | Appeal perfected for hearing, Session beginning on 2001-04-17 | |
| 2000-12-12 | Order on motion for leave to intervene, (by the Court) | |
| 2000-12-12 |
Decision on the motion for leave to intervene, L'HD, and extension of time by the ATTORNEY GENERAL OF BRITISH COLUMBIA. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES ORAL ARGUMENT GRANTED JUNE 7, 2001). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention. Granted, no order as to costs |
|
| 2000-12-12 | Submission of motion for leave to intervene, by A.G. - B.C., L'HD | |
| 2000-12-04 | Response to the motion for leave to intervene, (Letter Form), frm T. Killeen dated Nov. 27, 2000 (fax copy), Completed on: 2000-12-04 | Clayton George Mentuck |
| 2000-12-04 | Response to the motion for leave to intervene, (Letter Form), from D. Davis dated Nov. 22, 2000 (fax copy), Completed on: 2000-12-04 | Her Majesty the Queen |
| 2000-12-04 | Motion for leave to intervene, (extension included) 2 copies, Completed on: 2000-12-04 | Attorney General of British Columbia |
| 2000-11-09 | Order on motion for leave to intervene, (BY THE COURT) | |
| 2000-11-09 |
Decision on the motion for leave to intervene, L'HD, by the ATTORNEY GENERAL OF ONTARIO. The factum is limited to 20 pages. The request to present oral argument is deferred to a rota judge following receipt and consideration of the written arguments of the parties and the interveners (10 MINUTES ORAL ARGUMENT GRANTED JUNE 7, 2001). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the interventions. Granted, no order as to costs |
|
| 2000-11-09 |
Decision on the motion for leave to intervene, L'HD, by the ATTORNEY GENERAL OF CANADA. The factum is limited to 20 pages. The request to present oral argument is deferred to a rota judge following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES ORAL ARGUMENT GRANTED JUNE 7, 2001). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the interventions. Granted, no order as to costs |
|
| 2000-11-09 |
Decision on the motion for leave to intervene, L'HD, by the WINNIPEG FREE PRESS and BRANDON SUN. A joint factum is limited to 20 pages. The request to present oral argument is deferred to a rota judge following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES ORAL ARGUMENT GRANTED JUNE 7, 2001). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the interventions. Granted, no order as to costs |
|
| 2000-11-09 | Submission of motion for leave to intervene, Winnipeg Free Press, Brandon Sun, A.G.- Canada & A.G. - Ont., L'HD | |
| 2000-10-23 | Book of authorities, Completed on: 2000-10-23 | Her Majesty the Queen |
| 2000-10-20 | Appellant's record, Completed on: 2000-10-20 | Her Majesty the Queen |
| 2000-10-20 | Appellant's factum, Completed on: 2000-10-20 | Her Majesty the Queen |
| 2000-09-27 | Response to the motion for leave to intervene, (Letter Form), from D. Davis dated Sept. 26, 2000 (fax copy) re: intervention by A.G.Canada, Completed on: 2000-09-27 | Her Majesty the Queen |
| 2000-09-21 | Response to the motion for leave to intervene, re: intervention by A.G. Ontario, Completed on: 2000-09-21 | Clayton George Mentuck |
| 2000-09-21 | Response to the motion for leave to intervene, re: intervention by A.G. Ontario, Completed on: 2000-09-21 | Her Majesty the Queen |
| 2000-09-21 | Motion for leave to intervene, 2 copies, Completed on: 2000-09-26 | Attorney General for Ontario |
| 2000-09-20 | Motion for leave to intervene, 2 copies, Completed on: 2000-09-20 | Attorney General of Canada |
| 2000-08-15 | Response to the motion for leave to intervene, (included in motion book), Completed on: 2000-08-15 | Clayton George Mentuck |
| 2000-08-15 | Response to the motion for leave to intervene, (consent by D. Davis) (included in motion book), Completed on: 2000-08-15 | Her Majesty the Queen |
| 2000-08-15 | Motion for leave to intervene, book form, Completed on: 2000-08-15 | Winnipeg Free Press and Brandon Sun |
| 2000-06-23 | Letter acknowledging receipt of notice of appeal | |
| 2000-06-22 | Notice of appeal, Completed on: 2000-06-22 | Her Majesty the Queen |
| 2000-06-22 | Order granting leave to appeal | |
| 2000-05-26 | Notice of deposit of judgment issued to all parties | |
| 2000-05-25 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 2000-05-15 | All materials on application for leave submitted to the Judges, CJ Ia Ma | |
| 2000-05-11 | Applicant's reply to respondent's argument, (Letter Form), from Gowling, Strathy & Henderson dated May 10/00 re: A.G. of Manitoba will not file a Reply, Completed on: 2000-05-11 | Her Majesty the Queen |
| 2000-05-09 | Order on motion to extend time | |
| 2000-05-09 |
Decision on motion to extend time, Reg, to serve and file the respondent's response to April 28, 2000 Granted, no order as to costs |
|
| 2000-05-09 | Submission of motion to extend time, Reg | |
| 2000-05-08 | Response to motion to extend time, (Letter Form), from H. Brown dated May 8, 2000, Completed on: 2000-05-08 | Her Majesty the Queen |
| 2000-05-05 | Intervener's memorandum of argument on application for leave, Completed on: 2000-05-11 | Winnipeg Free Press and Brandon Sun |
| 2000-05-04 | Motion to extend time, to serve the Response to Apr. 28/00 (book form) 5 copies, Completed on: 2000-05-05 | Clayton George Mentuck |
| 2000-04-25 | Correspondence received from, D.R. Davis dated Apr. 17/00 (copy of the letter he sent the Respondent confirming he had never received their Response) | Her Majesty the Queen |
| 2000-04-20 | Order on motion to leave to intervene | |
| 2000-04-18 |
Decision on motion for leave to intervene, Arb, on behalf of the Winnipeg Free Press and Brandon Sun is granted, argument is limited to 20 pages to be filed no later than May 5, 2000. Granted, no order as to costs |
|
| 2000-04-17 | Submission of motion for leave to intervene, Arb | |
| 2000-03-30 | Response to the motion for leave to intervene, from T.J. Killeen dated March 28/00 (by fax), Completed on: 2000-03-30 | Clayton George Mentuck |
| 2000-03-30 | Respondent's response on the application for leave to appeal, (service admitted Apr. 28/00 - extension of time for service requested), Completed on: 2000-03-30 | Clayton George Mentuck |
| 2000-03-24 | Motion for leave to intervene, (5 copies - book form), Completed on: 2000-03-30 | Winnipeg Free Press and Brandon Sun |
| 2000-03-01 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2000-02-28 | Application for leave to appeal, (5 sealed envelopes filed as per Iacobucci J.'s Order dated Feb. 7/00), Completed on: 2000-02-28 | Her Majesty the Queen |
| 2000-02-07 | Order issued on motion for a stay of execution, (by the Court) | |
| 2000-02-07 |
Decision on the motion for a stay of execution, 1. Exhibit "B" to the affidavit of Randy Randell is sealed. 2. The request for other relief contained in the notice of motion should be dealt with by the panel that considers the application for leave and is hereby referred to that panel. However, given the urgency of this matter as set out in the material filed by the applicant, the motion for a publication ban in paragraph 2 of the notice of motion is granted until such time as the Court has dealt with the application for leave to appeal, and if leave is granted, until the matter is finally disposed of by the Court. 3. The application for leave shall be expedited. Allowed in part, no order as to costs |
|
| 2000-02-07 | Submission of motion for a stay of execution, Ia | |
| 2000-02-07 | Response to the motion for a stay of execution, from Philip T. Samyn joint with Helen Fallding's Affidavit (2 copies - by fax), Completed on: 2000-02-07 | Winnipeg Free Press and Brandon Sun |
| 2000-02-07 | Response to the motion for a stay of execution, from Timothy J. Killeen (3 copies - by fax) (also 2 copies of Wendy A. Stewart's Affidavit filed separately) received 5 copies (book form) of Response and 5 copies (book form) of Wendy A. Stewart's Affidavit on Jan. 9/00, Completed on: 2000-02-07 | Clayton George Mentuck |
| 2000-02-07 | Motion for a stay of execution, (5 copies - book form) (also 5 copies of argument - book form (filed separately) and 5 sealed envelopes pursuant to J. Iacobucci's Order), Completed on: 2000-02-08 | Her Majesty the Queen |
| 2000-02-07 | Notice of application for leave to appeal, (5 copies) (book form)(joint with motion for a stay) | Her Majesty the Queen |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Mentuck, Clayton George | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Winnipeg Free Press and Brandon Sun | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General for Ontario | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Canadian Newspaper Association (CNA) | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Darrin Davis
1205 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-0717
FAX: (204) 945-0053
Email: heather.leonoff@gov.mb.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Mentuck, Clayton George
Counsel
Wendy A. Stewart
1550 - 155 Carlton Street
Winnipeg, Manitoba
R3C 3H8
Telephone: (204) 987-2777
FAX: (204) 987-2774
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: bsinclair@langmichener.ca
Party: Winnipeg Free Press and Brandon Sun
Counsel
Phillip T. Samyn
Brent C. Ross
30th Flr., Commodity Exchange Twr.
360 Main St.
Winnipeg, Manitoba
R3C 4G1
Telephone: (204) 957-4671
FAX: (204) 957-0840
Email: jbk@aikins.com
Agent
1000 - 60 Queen Street
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Attorney General of Canada
Counsel
Malcolm G. Palmer
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0110
FAX: (604) 666-1585
Email: cheryl.tobias@justice.gc.ca
Agent
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Party: Attorney General for Ontario
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4614
FAX: (416) 326-4656
Email: christopher.webb@ontario.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of British Columbia
Counsel
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Canadian Newspaper Association (CNA)
Counsel
Tony S.K. Wong
PO Box 25
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-4274
FAX: (416) 863-2653
Email: paul.schabas@blakes.com
Agent
45 O'Connor St.
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2233
FAX: (613) 788-2247
Email: matt.halpin@blakes.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
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Lower court rulings
Court of Queen’s Bench of Manitoba
97.02.35CR
See file
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
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