Beverley McLachlin

Last updated

Roderick McLachlin
​
​
(m. 1967;died 1988)​
Frank McArdle
​
(m. 1992)​
The Right Honourable
Beverley McLachlin
PC CC
Beverley McLachlin (crop).jpg
McLachlin in 2007
17th Chief Justice of Canada
In office
January 7, 2000 –December 15, 2017
ChildrenAngus McLachlin (b. 1976)
Alma mater University of Alberta (BA, MA, LLB)
ProfessionJudge
Chinese name
Traditional Chinese 麥 嘉 琳
Simplified Chinese 麦嘉琳

Beverley Marian McLachlin PC CC (born September 7, 1943) is a Canadian jurist and author who served as the 17th chief justice of Canada from 2000 to 2017. She is the longest-serving chief justice in Canadian history and the first woman to hold the position.

Contents

In July 2018, McLachlin began a three-year term as a non-permanent judge on the Hong Kong Court of Final Appeal, the first Canadian jurist nominated to the post. She was re-appointed for a second three-year term in 2021. [1]

Early life and education

McLachlin was born Beverley Gietz in Pincher Creek, Alberta, the eldest child of Eleanora Marian (née Kruschell) and Ernest Gietz. Her parents, who were of German descent, were "fundamentalist Christians" [2] of the Pentecostal Church. [3] She received a B.A. and an M.A. in philosophy as well as an LL.B. degree (winning the gold medal as top student, and serving as notes editor of the Alberta Law Review ) from the University of Alberta. [4] She was called to the bar of Alberta in 1969, and to the Bar of British Columbia in 1971. McLachlin practised law from 1969 until 1975. From 1974 to 1981, she was a professor at the University of British Columbia.

McLachlin has one son, Angus (born 1976), from her first marriage to Roderick McLachlin, who took care of much of Angus's upbringing. [5] Roderick McLachlin died of cancer in 1988, a few days after she was appointed chief justice of the B.C. Supreme Court. [5] In 1992, McLachlin married Frank McArdle, a lawyer and the executive director of the Canadian Superior Courts Judges Association. [5]

Judicial career

Canada

In April 1981, McLachlin was appointed to the County Court of Vancouver. Five months later, in September 1981, she was appointed to the Supreme Court of British Columbia. [6] In December 1985, McLachlin was appointed to the British Columbia Court of Appeal. [6] In September 1988, McLachlin was appointed Chief Justice of the Supreme Court of British Columbia. [6] She was nominated by Brian Mulroney to be made a puisne justice to the Supreme Court of Canada on March 30, 1989. [5] On the advice of Jean Chrétien, McLachlin was appointed the chief justice of Canada on January 7, 2000. [6]

Upon being sworn into the Supreme Court of Canada, she also became a deputy of the Governor General of Canada together with the other justices of the Supreme Court. When Governor General Adrienne Clarkson was hospitalized for a cardiac pacemaker operation on July 8, 2005, McLachlin performed the duties of the governor general as the administrator of Canada. [7] In her role as administrator, she gave royal assent to the Civil Marriage Act which legalized same-sex marriage nationally in Canada. [7] She relinquished that task when the governor general returned to good health in late July.

While she was Chief Justice, McLachlin chaired the Canadian Judicial Council. She is also on the board of governors of the National Judicial Institute and on the advisory council of the Order of Canada. She is a member of the Queen's Privy Council for Canada. McLachlin was made a commander of the Legion of Honour by the government of France in 2008. [8] [9] On December 15, 2006, she was appointed a commander of the Venerable Order of Saint John. [10]

In July 2013, during the consultation period prior to appointment for Marc Nadon, Chief Justice McLachlin contacted justice minister Peter MacKay and the Prime Minister's Office regarding the eligibility of Marc Nadon for a Quebec seat on the Supreme Court. [11] Prime Minister Stephen Harper stated that he had refused a phone call from McLachlin on the attorney general's advice. Harper's comments were criticized by the legal community and a complaint was forwarded to the International Commission of Jurists in Switzerland. [12] [13] The International Commission of Jurists concluded that Beverly McLachlin deserved an apology from Harper, but none had been given as of July 2014. [14]

In May 2015, McLachlin was invited to speak at the Global Centre for Pluralism, and said that Canada attempted to commit "cultural genocide" against aboriginal peoples in what she called the worst stain on Canada's human-rights record. [15] University of Regina academic Ken Coates supported McLachlin, and said that she was "only stating what is clearly in the minds of judges, lawyers and aboriginal people across the country". [16] Others were less sympathetic. Columnist Lysiane Gagnon called the comments "unacceptable" and "highly inflammatory" and suggested that McLachlin had opened herself up to accusations of prejudice. [17] Gordon Gibson, another columnist, said the use of the word "genocide" was incendiary and disproportionate and that the Chief Justice's comments made her sound like a legislator. [18]

McLachlin retired from the Supreme Court on December 15, 2017, nine months before reaching the mandatory retirement age of 75. [19] Her successor as Chief Justice of Canada is Richard Wagner, who was nominated by Prime Minister Justin Trudeau in 2017. [20] Her successor as a justice of the court is Sheilah Martin, who was nominated by Prime Minister Justin Trudeau through a new process for judicial appointments to the Supreme Court of Canada that permitted, "any Canadian lawyer or judge who fits a specified criteria" to apply. [21] [22] [23]

Hong Kong

McLachlin was nominated in March 2018 to become a non-permanent member of the Court of Final Appeal in Hong Kong. The court appoints foreign judges from common-law jurisdictions outside of Hong Kong, of which McLachlin is the first Canadian, to sit as non-permanent members of the court. [24] Her three-year appointment was approved by the Hong Kong Legislative Council, [25] and the chief executive gazetted the appointment effective July 30, 2018. [26] McLachlin's appointment was accompanied by those of Brenda Hale, also as non-permanent judge, and Andrew Cheung, as permanent judge, at the court. [27] [28] She was reappointed to the court in 2021 for a second three-year term. [1] Her service on the court has been criticized amidst the Hong Kong pro-democracy protests and imposition of the National Security Law, which is seen by Western observers as threatening civil liberties in the city. As a Court of Final Appeal judge, McLachlin would be required to uphold the law in appellate judgements. [1] A motion at the Law Society of Ontario to condemn her appointment was defeated 28–17 in February 2021. [1] In June 2022, she announced her decision to remain on the court which she believes to still be independent. [29]

Judicial philosophy

McLachlin has defined the judicial function as one that requires conscious objectivity, which she has described as follows: [5]

What you have to try to do as a judge, whether you're on charter issues or any other issue, is by an act of the imagination put yourself in the shoes of the different parties, and think about how it looks from their perspective, and really think about it, not just give it lip service.

McLachlin has argued that courts may be justified in changing the law where such a change would accord with changes in society's values. [30] She regards Edwards v Canada (Attorney General), in which the Judicial Committee of the Privy Council found that women were entitled to sit in the Senate of Canada, as a paradigm case in Canadian law. [31] She has stated "courts are the ultimate guardians of the rights of society, in our system of government." [32] [33] She has also stated, "I think the court belongs to the Canadian people and it should reflect the Canadian people." [5]

McLachlin has defended the view that "legal certainty"—the notion that there is one correct answer to a legal question, which judges can discover with diligence—is a "myth". [34] [35]

Mahmud Jamal, now a puisne justice of the Supreme Court of Canada, has argued that McLachlin's jurisprudence on the law of federalism is consistent with her "self-described judicial philosophy", namely that judges are to be "scrupulously non-partisan and impartial". [36]

Writing

In 2018, McLachlin published a legal thriller novel titled Full Disclosure. [37] Her memoir Truth Be Told: My Journey Through Life and the Law, was published in 2019. It won the Shaughnessy Cohen Prize for Political Writing in 2020. [38] McLachlin's second novel, Denial, was published in 2021 by Simon & Schuster. [39]

Honours and awards

Coat of arms of Beverley McLachlin
Beverley Marian McLachlin Escutcheon.png
Crest
A great horned owl Proper perched on a pair of pincers fesswise Or set on a hockey stick Proper.
Escutcheon
Per fess Gules and Argent four pallets counterchanged overall a bezant charged with a balance Sable within a bordure compony Argent and Gules on a chief Or a pen nib between two lyres Sable.
Supporters
Two Labrador retrievers Sable each gorged of a collar compony Argent and Sable pendent therefrom a closed book Or charged with a livestock brand composed of the letter E and the letter G contourné both ensigned by a quarter arc embowed Gules and standing on a rocky mount set with Pacific dogwood flowers and pine trees Proper all above barry wavy Argent and Gules.
Motto
Wisdom Compassion Justice [40]

McLachlin is the honorary patron of the Institute of Parliamentary and Political Law. From 2016 to 2020, she was a college visitor at Massey College. [41] In 2017, she was elected Visitor of Queens' College, Cambridge. She has been awarded with over 31 honorary degrees from various universities, which include:

Honorary degrees
LocationDateSchoolDegree
Flag of British Columbia.svg British Columbia27 September 1990 University of British Columbia Doctor of Laws (LL.D.) [42]
Flag of Alberta.svg Alberta1991 University of Alberta Doctor of Laws (LL.D.) [43]
Flag of Ontario.svg OntarioJune 1995 University of Toronto Doctor of Laws (LL.D.) [44]
Flag of Ontario.svg OntarioSpring 1999 York University Doctor of Laws (LL.D.) [45]
Flag of Ontario.svg Ontario2000 Law Society of Upper Canada Doctor of Laws (LL.D.) [46]
Flag of British Columbia.svg British Columbia2000 Simon Fraser University Doctor of Laws (LL.D.) [47]
Flag of Alberta.svg Alberta2000 University of Calgary [48]
Flag of Ontario.svg Ontario8 June 2000 Brock University Doctor of Laws (LL.D.) [49]
Flag of British Columbia.svg British ColumbiaNovember 2000 University of Victoria Doctor of Laws (LL.D.) [50]
Flag of Alberta.svg AlbertaSpring 2001 University of Lethbridge Doctor of Laws (LL.D.) [51]
Flag of Nova Scotia.svg Nova Scotia2002 Mount Saint Vincent University Doctor of Humane Letters (DHL) [52]
Flag of Prince Edward Island.svg Prince Edward Island2002 University of Prince Edward Island Doctor of Laws (LL.D.) [53]
Flag of Quebec.svg Quebec2003 Université de Montréal Doctorate [54]
Flag of Nova Scotia.svg Nova Scotia2004 Dalhousie University Doctor of Laws (LL.D.) [55]
Flag of the United Kingdom.svg Northern Ireland2004 Queen's University Belfast Doctor of Laws (LL.D.) [56]
Flag of Manitoba.svg Manitoba27 May 2004 University of Manitoba Doctor of Laws (LL.D.) [57]
Flag of Ontario.svg Ontario14 November 2004 Carleton University Doctor of Laws (LL.D.) [58]
Flag of Maine.svg Maine7 May 2005 University of Maine at Fort Kent Doctor of Humane Letters (DHL) [59]
Flag of the Philippines.svg Philippines2006 Ateneo de Manila University Doctor of Laws (LL.D.) [60]
Flag of Ontario.svg Ontario18 June 2010 University of Windsor Doctor of Civil Law (DCL) [61]
Flag of Ontario.svg Ontario2010 Ryerson University Doctor of Laws (LL.D.) [62]
Flag of Nova Scotia.svg Nova Scotia2010 Cape Breton University Doctor of Laws (LL.D.) [63]
Flag of Ontario.svg Ontario2011 Queen's University Doctor of Laws (LL.D.) [64]
Flag of Quebec.svg QuebecJune 2011 Concordia University Doctor of Laws (LL.D.) [65]
Flag of Ontario.svg Ontario26 October 2012 University of Western Ontario Doctor of Civil Law (DCL) [66]
Flag of Ontario.svg Ontario2012 Lakehead University Doctor of Laws (LL.D.) [67]
Flag of Scotland.svg Scotland2014 University of Edinburgh Doctorate [68]
Flag of Quebec.svg Quebec2015 Bishop's University Doctor of Civil Law (DCL) [69]
Flag of Ontario.svg Ontario31 May 2016 Laurentian University Doctor of Laws (LL.D.) [70]
Flag of Quebec.svg Quebec1 June 2016 McGill University Doctor of Laws (LL.D.) [71]
Flag of Alberta.svg Alberta28 April 2017 Lethbridge College Bachelor of Applied Arts [72]
Flag of Newfoundland and Labrador.svg Newfoundland and Labrador19 October 2017 Memorial University of Newfoundland Doctor of Laws (LL.D.) [73]
Flag of Ontario.svg Ontario2019 University of Ontario Institute of Technology Doctor of Laws (LL.D.) [74]

Memberships and fellowships

CountryDateOrganisationPosition
Flag of Canada (Pantone).svg CanadaMarch 2011 Royal Heraldry Society of Canada Vice Patron [75]
Flag of the United States.svg United States of America American College of Trial Lawyers Honorary Fellow [76]

See also

Selected publications

Books

Articles

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References

  1. 1 2 3 4 Blackwell, Tom (August 2, 2021). "Canada's ex-chief justice renews job on top Hong Kong court despite Beijing's tightening grip". National Post . Retrieved September 26, 2021.
  2. ↑ Slayton, Philip (April 11, 2011). Mighty Judgment: How the Supreme Court of Canada Runs Your Life. Penguin Books. p.  145. ISBN   978-0-14-318051-7.
  3. ↑ The Canadian Press (May 25, 2000). "Religious upbringing influences Chief Justice". The Globe and Mail . Archived from the original on September 23, 2020. Retrieved April 5, 2020.
  4. ↑ McLachlin, Beverley (September 15, 2020). Truth Be Told: The Story of My Life and My Fight for Equality. Simon & Schuster. p. 112. ISBN   978-1-9821-0497-9.
  5. 1 2 3 4 5 6 Brean, Joseph (May 23, 2015). "'Conscious objectivity': That's how the chief justice defines the top court's role. Harper might beg to differ". National Post . Archived from the original on December 16, 2020. Retrieved February 17, 2016.
  6. 1 2 3 4 "Beverley McLachlin". Supreme Court of Canada. July 6, 2018. Archived from the original on July 22, 2018. Retrieved January 14, 2020.
  7. 1 2 Grittani-Livingston, Megan (January 17, 2007). "Canada's Chief Justice lays down the law". The Queen's Journal . Archived from the original on October 29, 2020. Retrieved December 16, 2020.
  8. ↑ "Canada Gazette Part I" (PDF). Gazette.gc.ca. Archived from the original (PDF) on May 22, 2013. Retrieved February 17, 2016.
  9. ↑ "La France décore la Juge en chef du Canada". La France au Canada/France in Canada. Archived from the original on May 21, 2011. Retrieved September 8, 2008.
  10. ↑ "Canada Gazette Part I" (PDF). Gazette.gc.ca. Archived from the original (PDF) on May 22, 2013. Retrieved February 17, 2016.
  11. ↑ "News Release". Supreme Court of Canada. February 5, 2014. Archived from the original on July 2, 2015. Retrieved February 17, 2016.
  12. ↑ MacCharles, Tonda (May 2, 2014). "Stephen Harper lashes out at top judge on Supreme Court". Toronto Star . Archived from the original on December 8, 2017. Retrieved August 24, 2017.
  13. ↑ MacCharles, Tonda (May 13, 2014). "Legal community demands Stephen Harper withdraw criticism of Beverley McLachlin". Toronto Star . Archived from the original on April 29, 2017. Retrieved August 24, 2017.
  14. ↑ Fitz-Morris, James (July 25, 2014). "International Commission of Jurists demands Stephen Harper apologize to Beverley McLachlin". CBC News . Archived from the original on October 28, 2014. Retrieved October 20, 2014.
  15. ↑ Fine, Sean (May 28, 2015). "Chief Justice says Canada attempted 'cultural genocide' on aboriginals". The Globe and Mail . Archived from the original on August 26, 2017. Retrieved February 17, 2016.
  16. ↑ Ken Coates. "McLachlin said what many have long known". The Globe and Mail. Archived from the original on October 12, 2015. Retrieved February 17, 2016.
  17. ↑ Lysiane, Gagnon (June 10, 2015). "McLachlin's comments a disservice to her court, and to aboriginals". The Globe and Mail . Archived from the original on November 21, 2015. Retrieved June 10, 2015.
  18. ↑ Gibson, Gordon (June 10, 2015). "It is bad for democracy when nine unelected people can make law". National Post . Archived from the original on December 16, 2020. Retrieved June 10, 2015.
  19. ↑ MacCharles, Tonda (June 12, 2017). "Chief Justice Beverley McLachlin to retire from Supreme Court of Canada". Toronto Star . Archived from the original on June 12, 2017. Retrieved June 12, 2017.
  20. ↑ "Prime Minister names the Honourable Richard Wagner as new Chief Justice of Canada". pm.gc.ca (Press release). PMO. December 12, 2017. Archived from the original on July 23, 2019. Retrieved December 12, 2017.
  21. ↑ Justin Trudeau (August 2, 2016). "Why Canada has a new way to choose Supreme Court judges". The Globe and Mail . Archived from the original on May 18, 2017. Retrieved April 24, 2017.
  22. ↑ "New process for judicial appointments to the Supreme Court of Canada" (Press release). Government of Canada. August 2, 2016. Archived from the original on July 13, 2017. Retrieved July 14, 2017.
  23. ↑ "Prime Minister announces nomination of the Honourable Sheilah L. Martin to the Supreme Court of Canada". pm.gc.ca (Press release). PMO. November 29, 2017. Archived from the original on November 29, 2017. Retrieved November 29, 2017.
  24. ↑ Fine, Sean (March 21, 2018). "Former chief justice Beverley McLachlin nominated for Hong Kong's top court". The Globe and Mail . Archived from the original on March 22, 2018. Retrieved March 22, 2018.
  25. ↑ Lum, Alvin (April 28, 2018). "Pro-Beijing lawmakers voice concerns over foreign judges' support for gay rights". South China Morning Post . Archived from the original on April 29, 2018. Retrieved April 29, 2018.
  26. ↑ "Hong Kong Gazette Notice GN5815/2018" (PDF). Archived (PDF) from the original on September 4, 2018. Retrieved September 3, 2018.
  27. ↑ "Appointment of non-permanent judges from other common law jurisdictions of the Court of Final Appeal". Government of Hong Kong. March 21, 2018. Archived from the original on March 22, 2018. Retrieved March 21, 2018.
  28. ↑ Lum, Alvin (March 21, 2018). "Hong Kong's top court gets two female foreign judges in historic first". South China Morning Post . Archived from the original on March 21, 2018. Retrieved March 21, 2018.
  29. ↑ Raycraft, Richard (June 16, 2022). "Former chief justice McLachlin says she'll stay on Hong Kong court despite crackdown on human rights". CBC News. Retrieved June 16, 2022.
  30. 1 2 Makin, Kirk; Yarhi, Eli (July 3, 2018). "Beverley McLachlin". The Canadian Encyclopedia . Archived from the original on October 7, 2020. Retrieved December 15, 2020.
  31. ↑ Cruickshank, Ainslie (February 15, 2016). "Scalia's judicial philosophy in sharp contrast to SCC". iPolitics . Archived from the original on August 13, 2020. Retrieved December 15, 2020.
  32. ↑ Barak, Aharon (November 2002). "A Judge on Judging: The Role of a Supreme Court in a Democracy". Harvard Law Review . 116 (1): 42. Archived from the original on July 9, 2020. Retrieved December 15, 2020.
  33. ↑ McLachlin, Beverley (1990). "The Role of the Court in the Post-Charter Era: Policy-Maker or Adjudicator?". University of New Brunswick Law Journal. 39: 57.
  34. ↑ Bell, Evan (March 2012). "Reflecting on the judicial role: how valid is the analogy that 'judges are like umpires'?". Commonwealth Law Bulletin. 38 (1): 3–29. doi:10.1080/03050718.2012.646732. ISSN   0305-0718. S2CID   145465046. Chief Justice McLachlin of Canada has referred to 'the myth of legal certainty'. This, she describes, is the myth that, if the judges look hard enough, long enough and wisely enough, they will find in the law the single clear answer to a question.
  35. ↑ McLachlin, Beverley (June 3, 2004). Judging in a Democratic State (Speech). Archived from the original on October 23, 2020. Retrieved December 15, 2020.
  36. ↑ Jamal, Mahmud (2019). "Chief Justice McLachlin and the Division of Powers". Supreme Court Law Review. 88: 342. 88 SCLR (2d) 241; 2019 CanLIIDocs 4066. Archived from the original on December 16, 2020. Retrieved December 15, 2020.
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  38. ↑ "Beverley McLachlin wins $25K Shaughnessy Cohen Prize for Political Writing for memoir Truth Be Told". CBC Books . September 24, 2020. Archived from the original on September 26, 2020. Retrieved December 16, 2020.
  39. ↑ "Denial". CBC. July 12, 2021. Retrieved November 14, 2023.
  40. ↑ "Beverley Marian McLachlin". Canadian Heraldic Authority. Retrieved March 11, 2022.
  41. ↑ "Governance". Massey College. Archived from the original on November 2, 2020. Retrieved December 16, 2020.
  42. ↑ "UBC Archives - Honorary Degree Citations - 1989-1991". University of British Columbia. Archived from the original on March 3, 2016. Retrieved February 17, 2016.
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  44. ↑ "Honorary Degree Recipients" (PDF). University of Toronto. p. 24. Archived (PDF) from the original on December 16, 2020. Retrieved December 15, 2020.
  45. ↑ "Honorary Degree Recipients". York University. Archived from the original on March 18, 2015. Retrieved February 17, 2016.
  46. ↑ "Honorary LLD". Law Society of Ontario. Archived from the original on August 3, 2020. Retrieved December 14, 2020.
  47. ↑ "Honorary Degree Recipients to 2020" (PDF). Simon Fraser University. Archived (PDF) from the original on September 2, 2020. Retrieved December 16, 2020.
  48. ↑ "Honorary Degree Recipients (November 2019)" (PDF). University of Calgary. Archived (PDF) from the original on October 22, 2020. Retrieved December 15, 2020.
  49. ↑ "Brock University Honorary Degree and Award Recipients" (PDF). Brock University. Archived (PDF) from the original on December 16, 2020. Retrieved December 15, 2020.
  50. ↑ "Honorary degree recipients". University of Victoria. December 8, 2020. Archived from the original on July 26, 2020. Retrieved December 15, 2020.
  51. ↑ "Honorary Degree Recipients" (PDF). University of Lethbridge. Archived (PDF) from the original on March 20, 2020. Retrieved December 15, 2020.
  52. ↑ "Doctor of Humane Letters, honoris causa (DHumL)". Archived from the original on October 30, 2020. Retrieved December 15, 2020.
  53. ↑ "Past Honorary Degree Recipients". University of Prince Edward Island. Archived from the original on October 24, 2020. Retrieved December 15, 2020.
  54. ↑ "Honorary doctorates". Université de Montréal. Archived from the original on February 12, 2018. Retrieved December 15, 2020.
  55. ↑ "2000 ‑ 2009 Honorary Degree Recipients". Dalhousie University. Archived from the original on April 9, 2019. Retrieved December 15, 2020.
  56. ↑ "Queen's University Belfast (formerly Queen's College Belfast) Honorary Degrees 1871-2019" (PDF). Queen's University Belfast. Archived (PDF) from the original on May 9, 2018. Retrieved December 16, 2020.
  57. ↑ "Honorary Degree recipients". University of Manitoba. Archived from the original on November 16, 2020. Retrieved December 15, 2020.
  58. ↑ "Honorary Degrees Awarded Since 1954". Carleton University. Archived from the original on October 1, 2020. Retrieved December 15, 2020.
  59. ↑ "Past Commencement Speakers". University of Maine at Fort Kent. Archived from the original on August 10, 2020. Retrieved December 16, 2020.
  60. ↑ "Honorary Degree". Ateneo de Manila University. Archived from the original on May 5, 2015. Retrieved December 15, 2020.
  61. ↑ "Honorary Degrees Conferred" (PDF). University of Windsor. Archived (PDF) from the original on December 16, 2020. Retrieved December 15, 2020.
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Further reading

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Preceded by
None
 Non-Permanent Judge of the Court of Final Appeal of Hong Kong
2018–present		Incumbent
Order of precedence
Preceded byas Former Prime Minister Order of Precedence of Canada
as Former Chief Justice 		Succeeded byas Speaker of the Senate of Canada
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