Case information

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings

Date	Proceeding	Filed By (if applicable)
2003-01-24	Order on miscellaneous motion, (BY THE COURT)
2003-01-24	Decision on miscellaneous motion, G Ia Ma Bi Arb LeB, The appellant's motion is granted. The period of suspension of the declaration of unconstitutionality as set out in the Court's judgment of February 14, 2002, extended for a period of six months to February 14, 2003, is further extended for another period of six months to August 14, 2003, the whole without costs. Granted, without costs
2003-01-14	Submission of miscellaneous motion, G Ia Ma Bi Arb LeB
2002-12-30	Notice of miscellaneous motion, (for an order extending the period of suspension until August 14, 2003/pour une ordonnance prorogeant la période de suspension jusqu'au 14-08-03) - book form/format livre, Completed on: 2002-12-30	Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance
2002-06-18	Appeal closed
2002-06-17	Supplemental document, affidavit of Judge Michael McKee (not sent to panel)	Ian P. Mackin
2002-06-17	Decision on miscellaneous motion, L'HD G Ia Ma Bi Arb LeB, The Appellant's motion is granted. The period of suspension of the declaration of inconstitutionality as set out in the Court's judgment of February 14, 2002 is extended for a further period of six months to February 14, 2003, the whole without costs. Granted, no order as to costs
2002-06-13	Correspondence received from, Gordon Petrie re: clarifying the record	Douglas E. Rice
2002-06-07	Submission of miscellaneous motion, L'HD G Ia Ma Bi Arb LeB
2002-06-06	Reply to miscellaneous motion, (book form) - 11 copies (sent to the Court June 7/02), Completed on: 2002-06-07	Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance
2002-06-04	Response to miscellaneous motion, from Burke-Robertson (by fax) re: will not participate in this motion (sent to the Court on June 5/02), Completed on: 2002-06-04	Ian P. Mackin
2002-05-31	Response to miscellaneous motion, (10 copies - book form)(sent to the Court on June 5/02), Completed on: 2002-05-31	Douglas E. Rice
2002-05-14	Notice of miscellaneous motion, ( for an order extending the suspension of the order of the Court dated Feb. 14, 2002 to Feb. 14, 2003) - 10 copies - book form (sent to the Court June 5/02), Completed on: 2002-05-14	Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance
2002-04-22	Record returned to the Registrar of the Court of Appeal
2002-03-08	Formal judgment sent to the registrar of the court of appeal and all parties
2002-02-19	Copy of formal judgment being prepared
2002-02-15	Notice of deposit of judgment sent to all parties
2002-02-14	Judgment on the appeal rendered, L'HD G Ia Ma Bi Arb LeB, The appeal is allowed in part, Binnie and LeBel JJ. dissenting. The Act to Amend the Provincial Court Act, S.N.B. 1995, c. 6 (Bill 7), is declared unconstitutional because it violates the institutional guarantees of judicial independence contained in s. 11(d) of the Canadian Charter of Rights and Freedoms and the Preamble to the Constitution Act, 1867. Except with respect to the respondents, this declaration of unconstitutionality is suspended for a period of six months from the date of this judgment to allow the government of New Brunswick to rectify the situation in accordance with its constitutional obligations as described in the decision and in the Provincial Court Judges Reference. The respondents' claim for damages is dismissed. Since the respondents were successful on the main issue, they are entitled to their costs throughout. (see long) Allowed in part, with costs
2001-06-05	Transcript received, (169 pages)
2001-05-23	Judgment reserved OR rendered with reasons to follow
2001-05-23	Appellant's condensed book	Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance
2001-05-23	Supplemental document, entitled "The Law and Custom of the Constitution" (given in Court at the hearing)	Canadian Judges Conference
2001-05-23	Acknowledgement and consent for video taping of proceedings
2001-05-23	Hearing of the appeal, 2001-05-23, (V052-053), L'HD G Ia Ma Bi Arb LeB Judgment reserved
2001-05-18	Notice of appearance, (fax copy)	Attorney General of Canada
2001-05-16	Notice of appearance	Attorney General of British Columbia
2001-05-16	Order on motion for leave to intervene, ( 10 MINUTE ORAL ARGUMENT GRANTED BY IACOBUCCI J. )(sent to bench May 16/01)
2001-05-16	Order on motion to strike out, (by the Court)
2001-05-16	Decision on motion to strike out, (sent to bench May 16/01), Ia, by the appellant for:(a) an order striking portions of paragraph 3 ( para. (3)(1), Proposed Answer, second sentence and para. 3(2), Proposed Answer, third and fourth sentences) and all of paragraphs 6-13, 27, 30-31, 33-38 and 44-48 of the Factum of the intervener Canadian Association of Provincial Court Judges ("CAPCJ"); (b) an order that the constitutional validity of section 3 of the amending legislation should not be permitted to be addressed during the oral hearing of these appeals; and (c) an order awarding costs to the Appellant against the intervener CAPCJ; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion to strike the aforementioned portions of the Factum of the intervener CAPCJ is granted. The Court will not receive submissions on the constitutional validity of section 3 during the oral hearing. The intervener CAPCJ shall pay to the appellant, Her Majesty The Queen In Right Of The Province of New Brunswick as represented by The Minister of Finance, any additional disbursements occasioned by its intervention including those associated with the bringing of this motion. Granted, no order as to costs
2001-05-16	Decision on motion to extend time, Ia, to serve and file the factum of the intervener Canadian Association of Provincial Court Judges to May 2, 2001. Granted, no order as to costs
2001-05-16	Submission of motion to strike out, Ia
2001-05-16	Submission of motion to extend time, Ia
2001-05-15	Order on motion to extend time
2001-05-15	Decision on motion to extend time, Reg, serve and file the book of authorities of the intervener Attorney General of Alberta to April 23, 2001. and for an order accepting its factum without marginal numbering. Granted, no order as to costs
2001-05-15	Submission of motion to extend time, Reg
2001-05-15	Response to motion to strike out, (Letter Form), from Burke-Robertson dated May 15/01 (by fax), Completed on: 2001-05-15	Ian P. Mackin
2001-05-15	Correspondence received from, R. Tonn dated May 14, 2001 (fax copy) re: replying to the reply re: motion to strike	Canadian Association of Provincial Court Judges
2001-05-14	Reply to motion to strike out, (book form - 2 copies), Completed on: 2001-05-14	Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance
2001-05-11	Response to motion to strike out, (Letter Form), letter from Susan Dawes dated May 10/01, Completed on: 2001-05-11	Canadian Association of Provincial Court Judges
2001-05-10	Notice of appearance	Douglas E. Rice
2001-05-09	Response to motion to strike out, (Letter Form), from B. Sinclair dated May 9, 2001 (fax copy) re: has no intention to file a response or to contest, Completed on: 2001-05-09	Douglas E. Rice
2001-05-07	Motion to strike out, portions of the factum of the intervener Canadian Association of Provincial Judges (bookform) (original affidavit of B. Judah rec'd May 16/01), Completed on: 2001-05-07	Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance
2001-05-03	Motion to extend time, to serve and file the Authorities to Apr. 23/01 joint with motion to accept factum without marginal line numbering (1 copy), Completed on: 2001-05-04	Attorney General of Alberta
2001-05-03	Notice of appearance	Attorney General of Quebec
2001-05-02	Intervener's factum, (amended factum received May 22, 2001 - sent to the bench on May 22, 2001), Completed on: 2001-05-02	Canadian Association of Provincial Court Judges
2001-05-02	Motion to extend time, to serve and file the Factum to May 2/01 (1 copy), Completed on: 2001-05-02	Canadian Association of Provincial Court Judges
2001-05-01	Order on motion to extend time
2001-05-01	Decision on motion to extend time, DeRg, to serve & file the factum and book of authorities to the intervener Attorney General of Saskatchewan to April 19, 2001, nunc pro tunc. Granted, no order as to costs
2001-05-01	Submission of motion to extend time, DeRg
2001-05-01	Order on motion for leave to intervene, ( 10 MINUTES OF ORAL ARGUMENT GRANTED TO A.G. - QUÉ & CDN. JUDGES CONFERENCE BY IACOBUCCI J. )
2001-04-23	Book of authorities, (extension of time requested), Completed on: 2001-04-23	Attorney General of Alberta
2001-04-20	Intervener's factum, (see decision dated March 23/01), Completed on: 2001-04-20	Attorney General for Ontario
2001-04-20	Book of authorities, Completed on: 2001-04-20	Attorney General of British Columbia
2001-04-20	Intervener's factum, (see decision dated March 23/01), Completed on: 2001-04-20	Attorney General of British Columbia
2001-04-20	Intervener's factum, (see decision dated March 23/01), Completed on: 2001-04-20	Attorney General of Manitoba
2001-04-20	Intervener's factum, (see decision dated March 23/01) (no marginal line numbering - motion requested), Incomplete	Attorney General of Alberta
2001-04-20	Motion to extend time, to serve and file the factum and authorities to Apr. 19/01 (1 copy), Completed on: 2001-04-20	Attorney General for Saskatchewan
2001-04-19	Intervener's factum, (joint with Authorities), Completed on: 2001-04-19	Attorney General for Saskatchewan
2001-04-12	Book of authorities, Completed on: 2001-04-12	Attorney General of Quebec
2001-04-12	Intervener's factum, (voir décision du 15 mars/01), Completed on: 2001-04-12	Attorney General of Quebec
2001-04-09	Book of authorities, Completed on: 2001-04-09	Canadian Judges Conference
2001-04-09	Intervener's factum, (see decision dated March 7/01), Completed on: 2001-04-09	Canadian Judges Conference
2001-04-03	Order on motion for leave to intervene, (by the Court)
2001-04-03	Decision on the motion for leave to intervene, Ia, and extension of time by the CANADIAN ASSOCIATION OF PROVINCIAL JUDGES. The factum is limited to 20 pages to be filed on or before April 27, 2001. 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 MAY 16, 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
2001-04-03	Submission of motion for leave to intervene, Ia
2001-03-30	Reply to the motion for leave to intervene, (Letter Form), letter (by fax) dated March 30/01 from Robb Tonn, Completed on: 2001-03-30	Canadian Association of Provincial Court Judges
2001-03-29	Notice of appearance, of Lori Sterling and Sean Hanley at the hearing of the appeal	Attorney General for Ontario
2001-03-28	Order on motion to extend time
2001-03-28	Order on motion to extend time
2001-03-27	Order on motion to extend time
2001-03-27	Order on motion to extend time
2001-03-23	Notice of hearing, Session beginning on 2001-04-17	Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance
2001-03-23	Decision on motion to extend time, Reg, to serve & file the factum and book of authorities of the intervener A.G. - Alberta to April 20, 2001. Granted, no order as to costs
2001-03-23	Decision on motion to extend time, Reg, to serve & file the factum and book of authorities of the intervener A.G. - British Columbia to April 20, 2001. Granted, no order as to costs
2001-03-23	Decision on motion to extend time, Reg, to serve & file the factum and book of authorities of the intervener A.G. - Ontario to April 20, 2001. Granted, no order as to costs
2001-03-23	Decision on motion to extend time, Reg, to serve & file the factum and book of authorities of the intervener A.G. - Manitoba to April 20, 2001. Granted, no order as to costs
2001-03-23	Submission of motion to extend time, by Alta. Ont. Man. B.C., Reg
2001-03-22	Response to the motion for leave to intervene, to CPACJ (4 copies), Completed on: 2001-03-22	Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance
2001-03-19	Response to motion to extend time, (Letter Form), from K.L. Collins dated March 19/01 (by fax), Completed on: 2001-03-19	Ian P. Mackin
2001-03-16	Appeal hearing scheduled, 2001-05-23 Judgment reserved
2001-03-15	Motion to extend time, to serve and file the factum and authorities to Apr. 20/01 (1 copy), Completed on: 2001-03-15	Attorney General of Alberta
2001-03-15	Order on motion to extend time
2001-03-15	Decision on motion to extend time, Reg, La requête pour obtenir une ordonnance prorogeant le délai pour signifier et produire le mémoire et le cahier d'autorités de l'intervenante Procureure générale du Québec au 15 avril 2001, est accordée. Granted, no order as to costs
2001-03-15	Submission of motion to extend time, Reg
2001-03-14	Motion to extend time, to serve and file the factum and authorities to Apr. 20/01 (1 copy), Completed on: 2001-03-14	Attorney General for Ontario
2001-03-14	Motion to extend time, to serve and file the factum and authorities to Apr. 20/01 (1 copy), Completed on: 2001-03-14	Attorney General of British Columbia
2001-03-14	Motion for leave to intervene, to file a factum and present oral argument (joint with extension of time) (2 copies - book form), Completed on: 2001-03-14	Canadian Association of Provincial Court Judges
2001-03-13	Response to motion to extend time, from Gowling, Strathy, Completed on: 2001-03-13	Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance
2001-03-13	Motion to extend time, to file the factum and authorities to April 20, 2001 (1 copy), Completed on: 2001-03-14	Attorney General of Manitoba
2001-03-12	Book of authorities, Completed on: 2001-03-12	Attorney General of Canada
2001-03-12	Intervener's factum, Completed on: 2001-03-12	Attorney General of Canada
2001-03-07	Motion to extend time, to serve and file the Factum and Authorities to April 15/01 (1 copy), Completed on: 2001-03-07	Attorney General of Quebec
2001-03-07	Order on motion for leave to intervene, (by the Court)
2001-03-07	Decision on the motion for leave to intervene, Ia, and extension of time of the CANADIAN JUDGES CONFERENCE / CONFÉRENCE CANADIENNE DES JUGES. The factum is limited to 20 pages to be served and file on or before April 9, 2001. 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 - MAY 1, 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 additonal disbursements occasioned to the appellant and respondents by the intervention. Granted, no order as to costs
2001-03-07	Submission of motion for leave to intervene, Ia
2001-03-06	Reply to the motion for leave to intervene, Completed on: 2001-03-06	Canadian Judges Conference
2001-03-02	Response to the motion for leave to intervene, (Letter Form), from Burke-Robertson dated March 2, 2001 (fax copy), Completed on: 2001-03-02	Ian P. Mackin
2001-03-01	Response to the motion for leave to intervene, book form, Completed on: 2001-03-01	Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance
2001-02-23	Motion for leave to intervene, to file a factum and present oral argument (joint with Extension of Time - book form), Completed on: 2001-02-23	Canadian Judges Conference
2001-02-15	Supplemental document, additional authority: British Columbia (Provincial Court Judge) v. British Columbia (inserted in Book of Authorities filed on Feb. 9/01	Douglas E. Rice
2001-02-15	Order on motion to extend time
2001-02-15	Decision on motion to extend time, Reg, to serve & file the appellant's factum and book of authorities to Dec. 15, 2001. Granted, no order as to costs
2001-02-15	Submission of motion to extend time, Reg
2001-02-14	Respondent's book of authorities, Completed on: 2001-02-14	Ian P. Mackin
2001-02-14	Respondent's factum, Completed on: 2001-02-14	Ian P. Mackin
2001-02-12	Respondent's factum, Completed on: 2001-02-12	Douglas E. Rice
2001-02-09	Respondent's book of authorities, Completed on: 2001-02-09	Douglas E. Rice
2001-02-09	Respondent's record, Completed on: 2001-02-09	Douglas E. Rice
2001-02-09	Order on motion for leave to intervene, (by the Court)
2001-02-09	Decision on the motion for leave to intervene, Ia, and an extension of time by the ATTORNEY GENERAL OF QUÉBEC. 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 - MAY 1, 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
2001-02-09	Submission of motion for leave to intervene, by A.G. - Qué., Ia
2001-02-09	Appeal perfected for hearing, Session beginning on 2001-04-17
2001-02-02	Motion to extend time, to file the factum and authorities to Dec. 15, 2000 - 1 copy, Completed on: 2001-02-02	Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance
2001-01-22	Appeal court record, 1 box (joint with Trial record)
2001-01-17	Notice of intervention respecting a constitutional question, (extension of time requested)	Attorney General for Saskatchewan
2001-01-15	Motion for leave to intervene, to file a factum and present oral argument (joint with extension of time) (2 copies), Completed on: 2001-01-15	Attorney General of Quebec
2001-01-12	Notice of intervention respecting a constitutional question	Attorney General of British Columbia
2001-01-11	Notice of intervention respecting a constitutional question	Attorney General of Alberta
2001-01-09	Notice of intervention respecting a constitutional question	Attorney General of Manitoba
2000-12-22	Notice of intervention respecting a constitutional question	Attorney General for Ontario
2000-12-15	Appellant's book of authorities, Completed on: 2000-12-15	Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance
2000-12-15	Appellant's factum, (extension of time requested), Completed on: 2000-12-15	Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance
2000-12-15	Notice of intervention respecting a constitutional question	Attorney General of Canada
2000-12-14	Notice of constitutional question(s)	Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance
2000-12-13	Order on motion to state a constitutional question
2000-12-12	Correspondence received from, J.B. Melanson (by fax) re: does not have concerns about formulation of constitutional questions	Ian P. Mackin
2000-12-12	Decision on the motion to state a constitutional question, CJ, The motion by the appellant to state constitutional questions is granted (for questions see long judgment). Notices of intervention are to be filed on or before Jan. 15, 2001. Granted, no order as to costs
2000-12-06	Correspondence received from, Gordon Petrie re: has no difficulty with constitutional questions.	Douglas E. Rice
2000-11-27	Correspondence received from, Brian Crane, Ottawa Agent for the appellant re: has no further submissions with respect to the Constitutional Questions.	Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance
2000-11-24	Correspondence (sent by the Court) to, counsel for the parties re: suggesting constitutional questions and comments within 10 days
2000-11-08	Submission of motion to state a constitutional question, CJ
2000-11-02	Correspondence received from, B. Crane dated Nov. 2, 2000 re: requesting that const. questions be issued as soon as possible	Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance
2000-10-26	Appellant's record, vol. 1 to 3 (Q. v. Mackin), Completed on: 2000-10-26	Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance
2000-10-26	Appellant's record, vol. 1 to 3 (Q. v. Rice), Completed on: 2000-10-26	Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance
2000-10-24	Correspondence received from, J. Gordon Petrie (by fax) dated Oct. 24/00 re: Lang Michener is Ottawa Agent	Douglas E. Rice
2000-09-26	Response to the motion to state a constitutional question, (Letter Form), from K. Collins dated Sept. 26, 2000 (fax copy), Completed on: 2000-09-26	Ian P. Mackin
2000-07-28	Motion to state a constitutional question, 2 copies, Completed on: 2000-07-28	Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance
2000-07-07	Letter acknowledging receipt of notice of appeal
2000-06-30	Order granting leave to appeal
2000-06-29	Notice of appeal, Completed on: 2000-07-07	Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance
2000-06-23	Notice of deposit of judgment issued to all parties
2000-06-22	Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted with costs. Granted, with costs
2000-06-01	Correspondence received from, B. Crane dated June 1, 2000 re: revisions of the objective summary (sent to Panel June 7/00)	Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance
2000-05-26	All materials on application for leave submitted to the Judges, CJ Ia Ma
2000-05-01	Order issued on motion for a stay of execution, (by the Court)
2000-05-01	Decision on the motion for a stay of execution, Ia, by the applicant: (1) The motion for a stay of proceedings is granted until such time as the Court has dealt with the applications for leave to appeal and , if leave is granted, until the matters are finally disposed of by the Court. (2) The applicaitons for leave to appeal are to be expedited. Granted, no order as to costs
2000-05-01	Submission of motion for a stay of execution, Ia
2000-04-28	Response to the motion for a stay of execution, Completed on: 2000-04-28	Ian P. Mackin
2000-04-26	Correspondence received from, J. Gordon Petrie, Q.C. (by fax) dated April 26/00 re: acknowledges receipt of the motion for a stay and to expedite	Douglas E. Rice
2000-04-20	Motion for a stay of execution, (joint with motion to expedite) - 3 copies (book form), Completed on: 2000-04-26	Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance
2000-02-29	Applicant's reply to respondent's argument, Completed on: 2000-02-29	Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance
2000-02-24	Respondent's response on the application for leave to appeal, Completed on: 2000-02-24	Ian P. Mackin
2000-02-22	Respondent's response on the application for leave to appeal, Incomplete	Douglas E. Rice
2000-01-27	Letter acknowledging receipt of a complete application for leave to appeal
2000-01-24	Application for leave to appeal, Completed on: 2000-01-24	Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
Mackin, Ian P.	Respondent	Active

And Between

Sub parties (1) - Appellants

Name	Role	Status
Her Majesty the Queen in Right of the Province of New-Brunswick as represented by The Minister of Finance	Appellant	Active

v.

Sub parties (1) - Respondents

Name	Role	Status
Rice, Douglas E.	Respondent	Active

Other parties

Other parties

Name	Role	Status
Attorney General of Canada	Intervener	Active
Attorney General for Ontario	Intervener	Active
Attorney General of Quebec	Intervener	Active
Attorney General for Saskatchewan	Intervener	Active
Attorney General of Manitoba	Intervener	Active
Attorney General of British Columbia	Intervener	Active
Attorney General of Alberta	Intervener	Active
Canadian Judges Conference	Intervener	Active
Canadian Association of Provincial Court Judges	Intervener	Active

Counsel

Summary

Filed documents

Webcasts

Not available.

Related links

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