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OCTOBER 01-2013

…as seen by myself (The Outlawed Canadian)

           PROTEST1         PROTEST2  

 

as seen by my detractors (toxic waste)

 

 

PLACARD: RABID OTTAWA SUN ANTI-EMPLOYEE…apart from their cartoonist it would seem.

           

 intern

               OTTAWA CITIZEN contribution           

 

OCTOBER 4-2013 –A)  ‘D-DAY’ Ontario citizens learn today whether or not they have a justice system…it depends on Premier Wynne and Ottawa Chief Justice Charles Hackland who should forfeit their jobs in the event that the Divisional Court DC-12-1872 duck out of the single most important civil case before a court of law. In short, may a judge (MacKenzie Creed - 2010) willynilly decide to expel a litigant from the justice system for reasons best known to herself in an unfinished legal matter?

B) I won’t be there as noted in correspondence elsewhere. But will the anti-employee media be at the 9:00 A.M. hearing in Divisional Court which could, if I miss my guess, obviate the 10:00 A.M. hearing before 3 judges? This ‘photo-op’ opportunity for the media, should they attend, would be the scoop of the century. The media should be careful about this de Sousa court hiding the whereabouts of the hearing as they did earlier with the lower court under Justice Maranger.

 

OPEN LETTER TO U.S. NEWS SOURCES – OCT.06-2013

(FORMERLY OPEN LETTERS TO THE OTTAWA CITIZEN)

BY: Roger Callow ‘The Outlawed Canadian’  www.employeescasecanada.com  (28 year unresolved legal case)    CANADA’S ‘WATERGATE’  in search of a Pulitzer Prize winning journalist

OPEN PLEA TO THE WEST VANCOUVER B.C. SCHOOL TRUSTEES

 

1) For 28 years we have been at loggerheads to resolve the matter of my illicit teacher lay-off in June of 1985 where no compensation has been paid (includes pension rights).

 

2) The problem has now become one of judicial cupidity in which no-one is the winner; not the West Vancouver School Board; certainly not this targeted employee; and, believe it or not, the judicial system at large. 35 million Canadians are the poorer for these court versions of a ‘Lac Megantic driverless train burning down the  track to judicial oblivion’.

 

3) The Employee’s Case is well known on the internet, professional teachers, legal counsel across Canada, & politicians.

 

4) Barring some extreme elements on some School Boards, most School Boards value having good rapport with their teachers. To them, the West Vancouver School Trustees must appear as a rogue School Board which is undermining all teachers trust of School Trustees everywhere by swindling a teacher out of his rightful compensation.

 

5) By and large, I am willing to bet that ethical judges would like to put a stop to rogue judges who would operate outside the law thereby impairing the credibility of the judicial system. B.C. Supreme Court’s ‘MacKenzie Creed’ (Oct. 01-2010) and the more recent ‘Cullen Creed’ (July 21-2013) – see web for details – are two cases in point. These judges operate on their own whim apart from legal sanction.

 

6) The West Vancouver Board did the right thing, I submit, by having nothing to do with the first challenge of the MacKenzie Creed to a specious Federal Court hearing T-1386-11 now creating a hornet`s nest for Justice Minister MacKay. Because B.C. A.G. Suzanne Anton ducked out, he has inherited the judicial mess from British Columbia as well.

 

7) So why is the Board getting involved with the Ottawa Divisional Court’s DC-12-1872 which is devoted solely to the MacKenzie Creed which the lower Superior Court  #12-54944 failed to even mention? The pecuniary interests of the Defendant are not affected as specifically set out as this case proper has only very tenuous connections with that Creed. 

 

8) Back off and let these three Appeal Court judges in this case (November 4-2013 hearing date) sort out their priorities apart from being bogged down in specific case interests.

 

9) Nobody benefits from these carte blanche judicial Orders. For example, the MacKenzie Creed is being used to deny me access to the courts. In a recent submission to Ottawa Superior Court #13-58607, I am willing to accept the even more draconian Cullen Order as a means of acquiring my compensation now that the B.C. court has abandoned this case. That is not to the benefit of the Board.

 

10) For my part, I will not contest any action you may take against the legality of the Cullen Creed. In exchange, I ask that you take no action against my questioning of the legality of the MacKenzie Creed.

 

11) No cross-appeal was filed by Hicks, Morley et al in the pre-hearing on October 4-2013 although I have a copy to which I entered a rebuttal which reads as an indictment of the Justice System in general (see web DIV.COURT-ARMAG..)

 

12) Should Hicks Morley file their cross appeal, I will ask the court to reject it as the 60 day rule for rebuttal was badly overstretched (Action filed Jan.23-2013). I submit that you would be wise in withdrawing from this action.

 

13) As matters currently stand, I am asking that Premier Wynne depose the three judges if they do not quash the MacKenzie Creed against which I have made a prima facie case. The alternative is for her to resign the premiership. The law is far too important to have it booted around by litigants, politicians, Registry clerks, and of course, some judges not to mention the ‘grey eminences’ behind the scenes.

 

cc Hicks, Morley / B.C. School Boards /Justice Minister P. MacKay/ON premier K.Wynne/SCofC Judge Hon. R. Wagner

 

OPEN LETTER TO U.S. NEWS SOURCES – OCT.13-2013 

(FORMERLY OPEN LETTERS TO THE OTTAWA CITIZEN)

BY: Roger Callow ‘The Outlawed Canadian’ www.employeescasecanada.com  (28 year unresolved legal case) now known judicially as ‘the clusterfuck case’. Canada’s Watergate- Pulitzer Prize winning author being sought.

 

        

QUOTES:

1) Aphorism: ‘If you keep going to hell; you will eventually get there.’

2) ‘It looks like a slam dunk, so everybody relaxes, gets sloppy….’ Hoax R.K. Tanenbaum

3) ‘Goddamn lawyers…pick any dozen of them and you won’t find a pair of balls in the bunch’ Turning Angel Greg Isles

4) ‘But sentiment is to love what ethics are to morality, or what legality is to justice, or justice to compassion – all degraded forms of a loftier ideal.’ Incident at Twenty Mile  Trevanian

5) ‘Those entrusted with public and non-public funds must adhere unswervingly to the appropriate financial regulations. Dishonesty or deception in the control and management of these funds is not a ‘victimless crime’ but shows a lack of integrity and moral courage which has a corrosive effect on operational effectiveness through the breakdown in trust.’  Values and Standards of the British Army. Paragraph 27

6) ‘It is a curious paradox that indecisive people are also rigid, because when they do manage to make a decision, they tend to cling to it desperately for fear of the pain of having to make another one. Ottawa Sun Letter to the Editor Oct.2-13

7) …there is a much more urgent need to subject judges at various levels to psychological and physical examinations. This would ensure that those who sit in judgment of Canadians and are interpreting Canadian law would be of sound mind and would stop the rash of incredibly wonderous decisions coming forward that influence Canadians’ lives….’ Ottawa Sun Letter to the Editor Oct. 3-13

8)’…Before Nixon flushed the image of the Oval Office down the loo with Watergate, people believed in the integrity, honesty and courage of elected officials….` O.C. Movie Reviewer Katherine Monk Oct. 4-13 F1

9) ‘…Power is very much a matter of perception, and most of the time it’s far better defined as influence, and it’s very situation-based. Who you gonna call? Eric Morse O.C. Oct. 10-2013 p. A11

 

 

ROLLING UP THE LEGAL CARPET BEHIND THE JUDGES

MESSAGE:

1) Quote 5) is used here as a metaphor for the dilemma facing Canada and 35 million Canadians as the consequence of a 28 year government conspiracy (inclusive of the courts) in a debacle without equal in Canadian Jurisprudence.

2) In quote 5, the reference is to tangible assets and it is usually the taxman with his extraordinary powers of investigation to trip up miscreants which explains why money laundering is the biggest single problem for organized crime (Dubai is built on this trade).

3) The Justice System of any country does not have any tangible assets and therefore is not subject to the taxman regarding its transgressions …until now with the www.employeescasecanada.com

4) The point to make here is that, based on the above case, the Justice System of Canada has more holes in it than a piece of swiss cheese. Courtroom skulduggery, it might be argued, is endemic to the system but is never revealed for what it is…until now as the above case has exposed the judiciary in a matter of systematic judicial abuse wherein the courts in this case are shown to desert their judiciary role and been reduced to a mere agent for, in this case, the employer.

5) As the plaintiff, I have become a de facto ‘taxman’ in that regard; probably the first one to ever be in a position to challenge a Justice System on this level. The anti-employee media would appear to lack the necessary imagination to deal with this challenge to date . As for the legal interests; don’t even ask.

6) In many ways the challenge above is greater than such as the financial collapse of 2008 as one is left dealing with a tangible which has human greed at its roots. The collapse of the Canadian Judiciary, in contrast, is an intangible in which the credibility of the Canadian Justice System has been sacrificed on which they function for without credibility, what are they as a body? Hence it’s reduced to being all about power. Such a challenge by the Employee’s Case undermines the very soul of a nation and it will no doubt take the rest of the 21st century for Canada to sort out its priorities. Stephen Harper is merely the first P.M. up to bat.

7) What I will be eventually requesting from the Supreme Court of Canada is an ex parte Order which would restore to this personage all status to any court in order to pursue the employer in this unresolved legal issue.

a) It is implied by the ‘MacKenzie Creed’ and other court actions that while they would deny me access to the courts, never have they said that a judicial finding is out of order in this 28 year unresolved legal case.

b) That position changed on July 23-2013 with B.C. Supreme Court’s ‘Cullen Doctrine’ (under appeal in Ottawa Superior Court #13-58607) which makes it clear that the Justice System has abandoned this case although it did not see fit to dispense compensation such as back salary which belongs to this plaintiff apart from judicial outcomes.

c) What I don’t need is SCofC Registrar, Roger Bilodeau with his ‘Robert’s Rules of Order approach’, quoting me chapter and verse as to why the SCofC can duck out once again.

d) Nor do I need a ‘Judge Gomery’ type of boondoggle enquiry with the public message that ‘if the last 28 years of doing nothing has worked so well for the conspirators, lets go for another 28 years’. Besides, I have had a bellyful of Canada’s judges – over 30 of them to date.

8) The justification for my action is unique and never found before in Canadian Jurisprudence. When the SCofC rejected hearing this case in 2004 under ‘ultimate remedy’; I was left in a state of permanent limbo prompting my legal advisor to volunteer this amazing opinion: “You have exhausted all remedy under the law”. In short, ‘no legal answer became a legal answer’ in Canada, an untenable position for any legal system. That’s how the Canadian Justice System imploded. (N.B. all other rejected SCofC cases have a lower court decision.)

9) Considering that more than 85% of SC of C civil cases are not heard with no reason given, it has become a great burial gound for issues. When one also considers that a similar percentage of ‘out of court’ lower court decisions are made (after which legal counsel collect their legal billable time fees), one can appreciate that the court scene has slipped into lassitude with judges almost ordering an outside settlement which has happened in the Employee’s Case. Oversight judicial bodies are no better.

10) That Appeal courts in B.C. The Federal Court, and more recently, Ontario’s Superior Court have persistently ducked these ‘Creeds’ barring this plaintiff from court is evidence of a scurrilous use of the courts for this purpose.

11) There is no option available to the SCofC but to grant me full status (if the Ottawa Divisional court begs off on November 4-2013 Professional teachers of Ontario…where are you?) as the same question will devolve to the Minister of Justice, Peter MacKay, to give a similar executive Order in face of the failure of the Justice System to take care of its own business.

12) Pitting the executive branch of government against the legislative in a western democracy almost always leads to a win for the legislative branch although if MacKay does nothing, Prime Minister Harper must remove him.

13) Of course with full status – something I always believed I have always had beneath the laws – would inevitably lead to litigation which could expose a government conspiracy the likes of which has never been seen in Canada before.

14) The alternative, of course, has more draconian consequences as 35 million Canadians would realize that they no longer have a viable Justice System.

15) The choice, therefore, is first the Supreme Court of Canada to act (assuming an ON Divisional Court debacle) as outlined above, and if they fail to provide me with the Order re-establishing my rights under law, then it becomes a government mission under Tory Justice Minister, Peter MacKay.

 

NB The above will form the proposed basis of the re-submission (4 times) of documents to the Supreme Court of Canada after November 4-2012

 

cc SCofC Hon. R. Wagner on behalf of all SCofC judges.

 

ADDENDUM: ‘SAVING PRIVATE CLARK’; B.C. Premier Christie Clark would seek to distance herself from the coming storm over the Employees Case by acting as a client forcing the West Vancouver School Board into ‘bankruptcy’; and to cover that action, demolishing all School Boards for their failure along with the teachers to stand up against a rogue School Board in West Vancouver. It creates horrendous problems for two court cases currently on file in Ontario as well as for Justice Minister Peter MacKay.

 

OPEN LETTER TO U.S. NEWS SOURCES – OCT.20-2013 

(FORMERLY OPEN LETTERS TO THE OTTAWA CITIZEN)

BY: Roger Callow ‘The Outlawed Canadian’ www.employeescasecanada.com  (28 year unresolved legal case) now known judicially as ‘the clusterfuck case’. Canada’s Watergate- Pulitzer Prize winning author being sought

 

 

QUOTE: ‘Our thoughts, my dear Brutus, lie not in our stars but in ourselves…’

Julius Caesar  Shakespeare

 

e-mail to O.C. RELIGION EXPERTS

MESSAGE: Religion Experts, you have been tried and found wanting if my 28 year experience in an ongoing unresolved labour matter before 7 courts is any example. (TOPIC:  Has the notion of ‘innocent until proven guilty’ become irrelevant?)  Oct. 19 E12

     As a regular reader and admirer of the erudite Religion experts; nonetheless, their recent contributions on the question of ‘innocence’ falls far short regarding the Canadian Judicial System as referenced by the employeescasecanada.com . In short, “What to do with a tyrannical judge(s) in a matter of systematic  judicial abuse…or, in the words of the great jurist, Justice Estey (St. Anne Nackawic) ‘What must be avoided at all costs, is a fundamental deprivation of justice under the law’.

    This 28 year kafkaesque labour matter before over 30 judges still goes unresolved (without judgment, no compensation – includes pension rights – may flow). ‘No legal answer is now a legal answer’ in Canada.

     Elements of this case may be found in Ontario’s imposed Bill 115 of the Education Act as well as the ‘three senators’ story where individuals have also been ‘left out on the line to dry’…and still the media blackout holds on my lead whistleblower civil story of the century where employees are now ‘non-persons’.

 

‘The Outlawed Canadian’

 

Justice Robert Maranger  Ottawa Superior Court #1254944 Nov.01-12 under appeal #DC12-1872 Nov.04-13

     The Employee’s Case is a political trial which is defined here as a court decision which, in ignoring open court submissions, gives the impression that the judgment was pre-written. This has happened many times in this case where judges have even read from slips of paper placed in their pockets.

     The key to such political cases lies in judge appointments; made in this case under the aegis of the Ottawa Chief Justice Charles Hackland.

     To broaden the perspective here, take a different case decided by Justice Maranger; namely, that of the Ottawa University professor accused by France who requested his extradition for an alleged terrorist action 20 years earlier. The case revolved around the matter of a 20 year old single signature of highly questionable validity according to handwriting experts in court testimony. Maranger’s Decision? To extradite the professor ‘because the laws wouldn’t permit otherwise’. Nonsense. He could have just as easily thrown the case out of court although to be sure, there was pressure from above for this extradition. For 3 years, this professor has worn an ankle bracelet and has not worked as the Justice System ‘pressures’ him to return to France to face the music. As one involved in a will challenge, I was told that 24 signatures (although 12 would do) at the time of the activity was required for authentication. (In short, unless a senior is signing his name every day, he has little recourse in law due to the problems of failing memory.)

    I shouldn’t have to reduce the Appeal solely to the ultra vires ‘MacKenzie Creed’ (see web) but Maranger ignored it completely. Lord knows who will be appointed to the 3-judge appeal court under Charles Hackland.

 

OPEN LETTER TO U.S. NEWS SOURCES – OCT.27-2013 

(FORMERLY OPEN LETTERS TO THE OTTAWA CITIZEN)

BY: Roger Callow ‘The Outlawed Canadian’ www.employeescasecanada.com  (28 year unresolved legal case) now known judicially as ‘the clusterfuck case’. Canada’s Watergate- Pulitzer Prize winning author being sought

 

acquiesce v. to consent without protest which is today’s word in my neighborhood, boys and girls. It’s a word loaded with legions of legal and propaganda ramifications as seen through such as the current government Senate imbroglio which rates on the richter scale of about a 3 while the unreported Employee’s Case rates a 9.

 

QUOTE: He (P.M. Harper) turned desperate people into dangerous people. he also learned that when you cut every-one around you off at the knees, you are the the tallest target left standing…In truth, Stephen Harper has always been piss poor at damage control. Scott Reid O.C. Oct. 24-13 A3

 

1) A little background here. Years ago an accountant told my businessman father that he turned down a job because of the Company’s association with organized crime. ‘They make sure of getting something on you so that you are forever beholden to them’, he said. Currently a whistleblower in the U.S. has told an enquiry that everyone in the Company knew that CN Railroad figures were being manipulated to maximize Executive bonuses. `Nonsense`, replied management, the employee is solely at fault which is why we fired him.

2) Which brings us to the duplicitous Senator, Marjorie LeBreton, a former Mulroney supporter and now closely associated with the Harper government which is behind the expulsion of 3 Senators who have proven highly embarrassing to the P.M. with their expense account excesses; particularly as they were Harper appointees. PLACARD: HARPER MAKES BAD APPOINTMENTS

3) The preceding placard is a devastating indictment for any leader but the truth of the matter is that many of Harper`s appointments have gone belly-up hence Harper is fighting for survival.

4) Many years ago in B.C., a driver involved in an accident felt sorry for the poor woman who was at fault so he told her to forget paying for his damages and even provided her with cash to help her out. The husband later got a lawyer who charged the `good deeder` for accepting responsibility for being in the wrong as evidenced by the cash payment.

5) Hence the three Senators, I submit, were actively encouraged to abuse the process – along with many others - so that the plug could be pulled on them at the whim of such as Senator LeBreton. In short, they acquiesced to the bait.

6) Should the Senate confirm the suspension without pay, justice will be seen to have been done in the public eye although, in that process, the Senate will become the Prime Minister`s `bitch` because they acquiesced to the bait.

7) However, Harper is not Stalin as `Uncle Joe` did not have to run in elections. The Tories do in 2015. Next week, the Tory Party must confirm Harper`s program which makes them his `bitch` because they will be shown to have supported him and should successive revelations be Harper`s undoing, the Tory Party will be held responsible.

8) To be sure, the Opposition and media dearly hope that Harper is successful currently as they hope to `slice and dice` him for the next two years.

9) The media have already formed up a controversy over which side should the public support as a means of selling papers. Of interest here is that the Tory newspaper, The Ottawa Sun, included a stark article giving no quarter to Harper although the rest of the paper gave support to his actions.

10) Now for the conspiracy claims. The Tory Old Boys Club is not about to throw the 2015 election down the toilet for one man, even if he is Prime Minister. They will infiltrate his organization and deliberately sabotage in undetectable fashion (similar to the Senate committee leaking information to the press on Pamela Wallin’s expense account), his programs so that they eventually break his health. (Harper is asthmatic.) A Prime Minister leaving for health reasons is quite acceptable in the general eye. In short, Mother Nature knows what to do with a wounded bull elephant; so does the Tory Old Boys Club, that is, if the Senate and the Tory Party faithfuls don`t pre-empt them next week.

 

PHASE II – Legalities

11) PLACARD: HYPOCRISY / CANADA DOES IT BEST  As everyone intuits, democratic countries cannot function on the truth alone hence the need for myths such as the myth of the sanctity of our institutions such as the government, the courts, and – to a lesser extent – the unions which the Canadian media are beholden to maintain although political credibility is being stretched in a number of Provincial and the Federal government as attested to recently by the media.

12) My point is that the courts of law have escaped for far too long in being challenged which explains ANTI-JUDGE DAY  JULY 1 (Canada does not deserve a birthday until they clean up the cesspool of the Canadian Judiciary.)

13) As to the suspension of the 3 senators without pay. Harper can get away it as long as the RCMP do not lay criminal charges for the their suspension will be perceived as justice done in the public eye and an end to the matter.

14) Paying money back by Duffy and Wallin implies guilt as they acquiesced to the demand. Legally speaking, Brazeau has the strongest case by refusing any admission of guilt.

15) Wallin wants ‘due process’ which, if she fails at the Senate level, cooks her goose as any ‘selected’ judge so-appointed is not going to go up against a Senate action.

16) By rights, Duffy and Wright (former PMO who resigned over this matter) should be charged criminally for bribery with the two lawyers who expedited the paper work being disbarred. If that happens, Harper becomes part of a criminal investigation and would be expected to step aside. Merely charging Duffy would be a reflection of RCMP corruption. Hence expect Harper to pull strings to keep this out of court.

17) For the three Senators to contest their Senate expulsion in court, I ask whether they have the next 28 years (current length of the Employee’s Case) and funds for a legal billable time disaster.

They should not expect a top-tier judge in their case as such paragons of virtue spend much of their time keeping out of controversial situations.

18) The legal case of former M.P. Helena Geurgis against the government is pertinent here which, I understand, is under Appeal. I never understood her legal case in the first place. The P.M. has a perfect right to drop anyone from caucus and the Party has a perfect right to drop an M.P. from their Party (although in the Tories, Harper is synonymous with the Party). By acquiescing to running as an Independent in the 2011 election which she lost, she has little legal standing from my perspective in her complaint. Libel and slander are very difficult to prove in court.

19) The Ottawa University Professor accused of terrorist acts about whom I wrote on in the October 20-2013 newsletter is appealing his deportation Order from Justice Maranger; the same judge I am appealing my case in Ottawa Dvisional Court  No.DC-12-1872 to be heard November 4 at 2 P.M. An article appeared in the Citizen describing the no doubt horrific terrorist events in early 1980`s in Paris which started a continent – wide pattern against Jewish interests. I understand this Professor was concerned about being assassinated but the powers that be decided to use (or, I submit, abuse the courts) in this process citing that we can trust to the Canadian and French legal systems to see justice done. Nothing could be further from the truth based on the systematic judicial abuse from the 28 year saga, the Employees Case Canada. I suspect France is no better in this regard.

20) In hoary old England, the term ‘conspiracy’ brought the wrath of the judges down on the ‘miscreants’. In the early 1950’s, resistance fighters in Central and South America were termed ‘communist guerrillas’ in U.S. papers. Today, ‘terrorism’ is the emotive word such as ‘eco-terrorists’. For me, the closest purple language the Employer’s lawyer can use is ‘He sued 2 judges’ designed, no doubt, to lay claim to his ‘special fees’ request. I know that I will never get a top-tiered judge as noted above and have to consider my strategy accordingly. The 3 Senators are in the same boat if they go to court.

21) As to trusting to the courts on deportations, I recall how the FBI – as it was later revealed – lied to the Canadian authorities to get two Indians deported where they were promptly jailed for a high profile U.S. case. In another instance, an alleged terrorist being interviewed by Canadian authorities told him that there was someone else who would like to talk to him. They transported him across the border – with his permission ‘of course’ – for the purpose where he was promptly jailed. 

22) I have written earlier of how the Ontario teachers screwed themselves by acquiescing to BILL 115 in that they made behind the scenes arrangements thus condoning the process which limits any legal challenge to a mere Labour Court under the ‘consentual’ laws. What may be given by one imposed government action can just as easily be removed with a second imposed action.

23) The Old Boys Club just love what I am doing as they have been able to use me as a rabbit to undermine the entire Union system with its collective bargaining rules. Company pensions are also a casualty in this war as explained elsewhere. No thinking employee will hold ‘formal’ arrangements with a Union nor contribute to a Company pension. Smashing the Justice System and media serves The Old Boys Club purpose as well as they are the only organized group to fill the vacuum…a bit like Atlantic City when they set up the casinos there where Organized Crime was the only act in town.  

24) To date I am an army of one person who has become a one-man army…there is a distinction. However, I must reach ‘critical mass’ in terms of getting the support of large numbers of the public to advance, not only my cause, but the cause of 35 million Canadians.

25) Depending on the Professional Teachers of Canada in general, and, more recently, the Ontario teachers appears to be misplaced, particularly as my cause has met Union leader indifference. They have until January 16-2014 to take pictures of their group holding this sign WE SUPPORT THE ‘OUTLAWED CANADIAN’ and sending it to me for web site purposes.

26) At this point, I appeal to any group to identify themselves with this placard. Keep in mind that there is a strong element within the legal fraternity who badly want reform but, when they speak out, they get quashed. PLACARD: NO ETHICAL STUDENT WILL TAKE UP THE PRACTICE OF LAW IN CANADA.

 

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