Docket
35688
J.P., et al. v. Minister of Public Safety and Emergency Preparedness
(Federal) (Civil) (By Leave)
(Publication ban in case) (Certain information not available to the public)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
Date | Proceeding | Filed By (if applicable) |
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2015-12-03 | Appeal closed | |
2015-12-01 | Formal judgment sent to the registrar of the court of appeal and all parties | |
2015-12-01 | 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 appeal from the judgment of the Federal Court of Appeal, Number A-29-13, 2013 FCA 262, dated November 12, 2013, heard on February 16, 2015, is allowed with costs in this Court and in the courts below. The case is remitted to the Immigration and Refugee Board for reconsideration. Allowed, with costs |
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2015-11-23 | Media lock-up request accepted | |
2015-11-20 | Media lock-up consent form received from | J.P. |
2015-11-20 | Media lock-up consent form received from | David Asper Centre for Constitutional Rights |
2015-11-17 | Media lock-up consent form received from | Minister of Public Safety and Emergency Preparedness |
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, 150 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 |
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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 | Canadian Council for Refugees |
2015-02-16 | General proceeding, Publication Ban Form | J.P. |
2015-02-16 | Intervener's condensed book, (Book Form), Filed in Court | Attorney General of Ontario |
2015-02-16 | Intervener's condensed book, (Book Form), Filed in Court | United Nations High Commissioner for Refugees |
2015-02-16 | Respondent's condensed book, (Book Form), Filed in Court - Vol. 1 and 2 | Minister of Public Safety and Emergency Preparedness |
2015-02-16 | Appellant's condensed book, (Book Form), Filed in Court - Vol. 1 and 2 | J.P. |
2015-02-11 | Correspondence received from, (Letter Form), 4 reserved seats requested | J.P. |
2015-02-11 | Notice of appearance, Lorne Waldman, Tara McElroy and Clarisa Waldman will be appearing | J.P. |
2015-02-11 | Appeal perfected for hearing | |
2015-02-06 | Supplemental document, (Book Form), Joint with 35677, 35685, 35388, 35958 - AUTHORITIES, Completed on: 2015-02-06, (Electronic version filed on 2015-02-06) | Minister of Public Safety and Emergency Preparedness |
2015-02-06 | Reply factum on appeal, (Book Form), Joint with 35677, 35685, 35388, 35958, Completed on: 2015-02-06, (Electronic version filed on 2015-02-06) | Minister of Public Safety and Emergency Preparedness |
2015-02-06 | Order by, Ga, FURTHER TO THE ORDER dated November 27, 2014, granting leave to intervene to 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; IT IS HEREBY FURTHER ORDERED THAT: 1. The Canadian Council for Refugees, the Canadian Association of Refugee Lawyers, Amnesty International (Canadian Section, English Branch) and the Canadian Civil Liberties Association are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. 2. The David Asper Centre for Constitutional Rights and the United Nations High Commissioner for Refugees are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
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2015-02-03 | Correspondence received from, (Letter Form), Lorne Waldman re: amended vol. 3 to 6 of the appellants records | J.P. |
2015-02-02 | Intervener's book of authorities, (Book Form), Joint with 35677, 35685, 35388 , Completed on: 2015-02-09, (Electronic version filed on 2015-02-02) | United Nations High Commissioner for Refugees |
2015-02-02 | Intervener's factum, (Book Form), Joint with 35677, 35685, 35388 , Completed on: 2015-02-09, (Electronic version filed on 2015-02-02) | United Nations High Commissioner for Refugees |
2015-02-02 | Intervener's book of authorities, (Book Form), Joint with 35677, 35685, 35388, 35958, 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, 35388, 35685, 35958, 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, 35388, 35958 , 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, 35388, 35958 , 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, 35385, Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | David Asper Centre for Constitutional Rights |
2015-02-02 | Intervener's factum, (Book Form), Joint with 35677, 35688, 35385, Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | David Asper Centre for Constitutional Rights |
2015-02-02 | Intervener's book of authorities, (Book Form), Joint with 35677, 35685, 35958, 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, 35685, 35958, 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), Joint with 35677, 35685, 35388 and 35958, 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, 356858, 35388 and 35958, Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | Canadian Council for Refugees |
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 |
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2015-01-29 | Submission of motion to file a lengthy factum, (Joint 35388, 35677, 35685, 35688 & 35958), Ga | |
2015-01-22 | Response to the motion to file a lengthy factum, (Letter Form), Completed on: 2015-01-22 | Minister of Public Safety and Emergency Preparedness |
2015-01-19 | Response to the motion to file a lengthy factum, (Letter Form), Completed on: 2015-01-19 | J.P. |
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 35677-35388-35685-35958), Completed on: 2015-01-16, (Electronic version filed on 2015-01-20) | Canadian Association of Refugee Lawyers |
2015-01-12 | Respondent's book of authorities, Volume 4 (Joint with 35388, 35685 & 35677), Completed on: 2015-01-12 | Minister of Public Safety and Emergency Preparedness |
2014-12-23 | Intervener's book of authorities, (Book Form), Joint with 35677, 35685 & 35388, Completed on: 2014-12-23 | Attorney General of Ontario |
2014-12-23 | Intervener's factum, (Book Form), Joint with 35677, 35685 & 35388, Completed on: 2014-12-23 | Attorney General of Ontario |
2014-12-23 | Notice of appearance, Hart Schwartz and Padraic Ryan will be present at the hearing. | Attorney General of Ontario |
2014-12-16 | Notice of hearing sent to parties | |
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 (previously February 9, 2015) Judgment reserved |
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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 35958, 35388, 35677 and 35685), 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 |
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2014-11-27 | Submission of motion for leave to intervene, Ga | |
2014-11-24 | Respondent's book of authorities, (Book Form), (joint with 35685 and 35677) (3 volumes), Completed on: 2014-12-03 | Minister of Public Safety and Emergency Preparedness |
2014-11-24 | Certificate (on limitations to public access) | Minister of Public Safety and Emergency Preparedness |
2014-11-24 | Respondent's factum, (Book Form), Completed on: 2014-11-26, (Electronic version filed on 2014-11-24) | Minister of Public Safety and Emergency Preparedness |
2014-11-03 | Reply to the motion for leave to intervene, (Letter Form), Reply to respondent's reply - joint wth 35685-35677-35388, Completed on: 2014-11-03, (Electronic version filed on 2014-11-03) | Amnesty International (Canadian Section, English Branch) |
2014-11-03 | Reply to the motion for leave to intervene, (Letter Form), Reply to respondent's response - Joint with 35677, 35685, 35388, Completed on: 2014-11-03, (Electronic version filed on 2014-11-03) | David Asper Centre for Constitutional Rights |
2014-10-30 | Reply to the motion for leave to intervene, (Letter Form), to tthe respondent's response (joint with 35388, 35677, 35685), Completed on: 2014-10-30, (Electronic version filed on 2014-10-30) | Canadian Association of Refugee Lawyers |
2014-10-30 | Reply to the motion for leave to intervene, (Letter Form), to the respondent's response (joint with 35677 and 35685), Completed on: 2014-10-30, (Electronic version filed on 2014-10-30) | United Nations High Commissioner for Refugees |
2014-10-29 | Reply to the motion for leave to intervene, (Letter Form), to the respondent's response (joint with 35388, 35685), Completed on: 2014-10-29, (Electronic version filed on 2014-10-29) | South Asian Legal Clinic of Ontario |
2014-10-24 | Response to the motion for leave to intervene, (Letter Form), from Marianne Zoric dated October 24, 2014 re: response to motion for leave to intervene filed by David Asper Centre (joint with 35685, 35677 and 35388), Completed on: 2014-10-24, (Electronic version filed on 2014-10-24) | Minister of Public Safety and Emergency Preparedness |
2014-10-24 | Response to the motion for leave to intervene, (Letter Form), response to motion filed by SALCO (joint with 35685, 35677, 35388), Completed on: 2014-10-24, (Electronic version filed on 2014-10-24) | Minister of Public Safety and Emergency Preparedness |
2014-10-24 | Response to the motion for leave to intervene, (Letter Form), response to motion filed by Canadian Association of Refugee Lawyers (joint with 35685, 35677, 35388), Completed on: 2014-10-24, (Electronic version due on 2014-10-31) | Minister of Public Safety and Emergency Preparedness |
2014-10-24 | Response to the motion for leave to intervene, (Book Form), by Amnesty International (joint with 35685, 35677, 35388 and 35958), Completed on: 2014-10-24, (Electronic version filed on 2014-10-24) | Minister of Public Safety and Emergency Preparedness |
2014-10-24 | Response to the motion for leave to intervene, (Letter Form), from Marianne Zoric dated October 24, 2014 re: response to motion filed by Amnesty International (joint with 35685, 35677, 35388 and 35958), Completed on: 2014-10-24, (Electronic version due on 2014-10-31) | Minister of Public Safety and Emergency Preparedness |
2014-10-24 | Response to the motion for leave to intervene, (Letter Form), from Marianne Zoric dated October 24, 2014 to the motions filed by UNHCR, CCR and CCLA (jont with 35685, 35677 and 35388), Completed on: 2014-10-29, (Electronic version filed on 2014-10-24) | Minister of Public Safety and Emergency Preparedness |
2014-10-14 | Intervener's book of authorities, (Book Form), Joint with 35677, 35685, Completed on: 2014-10-14 | Canadian Civil Liberties Association |
2014-10-14 | Motion for leave to intervene, (Book Form), Joint with 35677, 35685, Completed on: 2014-10-14, (Electronic version filed on 2014-10-14) | Canadian Civil Liberties Association |
2014-10-14 | Motion for leave to intervene, (Book Form), Joint with 35685, 35677, 35388, Completed on: 2014-10-14, (Electronic version filed on 2014-10-14) | David Asper Centre for Constitutional Rights |
2014-10-14 | Motion for leave to intervene, (Book Form), Joint with 35677, 35685, 35388, 35958, Completed on: 2014-10-14, (Electronic version filed on 2014-10-21) | Amnesty International (Canadian Section, English Branch) |
2014-10-14 | Motion for leave to intervene, (Book Form), (joint with 35388, 35677 and 35685), Completed on: 2014-10-14, (Electronic version filed on 2014-10-14) | Canadian Association of Refugee Lawyers |
2014-10-14 | Motion for leave to intervene, (Book Form), Joint with 35685, 35677, 35388, Completed on: 2014-10-14, (Electronic version due on 2014-10-21) | Canadian Council for Refugees |
2014-10-14 | Motion for leave to intervene, (Book Form), Joint with 35388 & 35685, Completed on: 2014-10-14, (Electronic version filed on 2014-10-16) | South Asian Legal Clinic of Ontario |
2014-10-14 | Motion for leave to intervene, (Book Form), Joint with 35677 and 35685 , Completed on: 2014-10-16, (Electronic version filed on 2014-10-14) |
United Nations High Commissioner for Refugees |
2014-10-01 | Correspondence received from, Lorne Waldman re: Federal Court Order | J.P. |
2014-09-16 | Correspondence received from, Lorne Waldman re: amendment to CA judgment | J.P. |
2014-09-15 | Certificate (on limitations to public access), One sealed envelope containing sealed CA order filed with one redacted copy | J.P. |
2014-09-15 | Appellant's record, (Book Form), 6 volumes (New vol. 3 to 6 amended rec'd 2015-02-03), Completed on: 2014-09-15 | J.P. |
2014-09-15 | Appellant's book of authorities, (Book Form), 4 volumes, Completed on: 2014-09-15 | J.P. |
2014-09-15 | Appellant's factum, (Book Form), service rec'd 2014-09-18, Completed on: 2014-09-15 | J.P. |
2014-08-29 | Order on motion to extend time, (by THE CHIEF JUSTICE) | |
2014-08-29 | Decision on motion to extend time, CJ, UPON APPLICATION by all appellants and the respondent in the above appeals for an order extending 1) the time to serve and file their appeal materials in each appeal; 2) the deadline for serving and filing any motion for leave to intervene; and 3) other deadlines set out in the order dated June 9, 2014; AND THE MATERIAL FILED having been read; AND UPON THE CONSENT of all parties; IT IS HEREBY ORDERED THAT: 1. The appellants’ records, factums and books of authorities shall be served and filed on or before September 16, 2014. 2. Any person wishing to intervene in these appeals under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before October 14, 2014. 3. The appellants and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before October 24, 2014. 4. Replies to any responses to the motions for leave to intervene shall be served and filed on or before October 29, 2014. 5. The respondent’s records, factums and books of authorities shall be served and filed on or before November 25, 2014. 6. Any attorney general wishing to intervene pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before December 23, 2014. Granted |
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2014-08-29 | Submission of motion to extend time, CJ | |
2014-08-20 | Motion to extend time, (Book Form), Amended motion to be filed jointly with 35677 and 35685 was received August 27, 2014. A further amended motion was received on August 29, 2014 (joint with 35677 & 35685). (First verson of motion letter form; second and third versions book form), Completed on: 2014-08-27, (Electronic version filed on 2014-08-27) | J.P. |
2014-08-01 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
2014-06-11 | Notice of constitutional question(s) | J.P. |
2014-06-09 | Order on motion to state a constitutional question, (by MCLACHLIN C.J.) | |
2014-06-09 | 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. 37(1)(b) 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 appellant and respondent the costs of any additional disbursements they incur as a result of the intervention. IT IS HEREBY FURTHER ORDERED THAT: 1. The appellants and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before October 7, 2014. 2. Replies to the responses, if any, to the motions for leave to intervene shall be served and filed on or before October 9, 2014. 3. Any attorney general wishing to intervene pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities no later than November 25, 2014. Granted |
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2014-06-09 | Submission of motion to state a constitutional question, CJ | |
2014-05-30 | Reply to the motion to state a constitutional question, (Letter Form), Completed on: 2014-05-30, (Printed version filed on 2014-05-30) | J.P. |
2014-05-26 | Response to the motion to state a constitutional question, (Letter Form), Completed on: 2014-05-26, (Electronic version filed on 2014-05-26) | Minister of Public Safety and Emergency Preparedness |
2014-05-20 | Motion to state a constitutional question, Completed on: 2014-05-20, (Electronic version filed on 2014-05-20) | J.P. |
2014-05-20 | Notice of appeal, Completed on: 2014-05-20, (Electronic version filed on 2014-05-20) | J.P. |
2014-05-16 | Correspondence received from, (Letter Form), Respondent, re.: Counsel for the Respondent will now be Marianne Zoric and François Joyal. | Minister of Public Safety and Emergency Preparedness |
2014-05-09 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
2014-04-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
2014-04-22 | Judgment on leave sent to the parties | |
2014-04-17 | Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-29-13, 2013 FCA 262, dated November 12, 2013, is granted. The decision on costs is deferred to the appeal stage. Granted |
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2014-03-31 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
2014-02-21 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2014-02-21 | J.P. |
2014-02-11 | Certificate (on limitations to public access) | Minister of Public Safety and Emergency Preparedness |
2014-02-11 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-02-11, (Electronic version filed on 2014-02-11) | Minister of Public Safety and Emergency Preparedness |
2014-01-29 | Correspondence received from, Lorner Waldman re: confidentiality order | J.P. |
2014-01-15 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
2014-01-13 | Appeal Court record, (Book Form), 5 volumes | |
2014-01-13 | Certificate (on limitations to public access) | J.P. |
2014-01-13 | Application for leave to appeal, (Book Form), CA order filed on 2014-01-29, Completed on: 2014-01-27, (Printed version filed on 2014-01-14) | J.P. |
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