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Stalking in Canada: Definition and Overview

Definition of stalking in Canada includes repeatedly following, conversing and watching someones home. It is also known as criminal harassment according to the Criminal Code which is definitely against the harassment laws. It is not love but rather an abuse.

According to the former Senator Donald H. Oliver, it is an abominable crime treated lightly by the authorities like police and the national government. Stalking puts the victim into fear and terror and could lead to violence.

Stalking is common in Canadian. According to research, the Canadian Centre for Justice Statistics disclosed that 20,000 stalking cases were reported in 2009 where the majority of the victims were women.

examples of criminal harassment

Definition of Stalking in Canada

There are different perceptions of the term stalking. Many consider that any harassing behavior is already stalking. Some believe that a particular action should be life threatening to be defined as stalking.

Few believe that stalking is only infatuation and not a sexual attraction but power. Definition of stalking in Canada is almost the same in the United States. Few definitions of stalking in Canada include:

Repeated behavior over a period causing fear for the safety of the victims or someone is known to the victim.”

Behavior towards a person on at least two instances causing that person to fear.”

Merriam Webster dictionary defined stalking as “Someone that closely follows and observes other people over a period that may cause threat and danger.”

Cyberstalking on the internet is a form of cyberbullying is also considered an offence.

Who Can Be Considered as Stalkers

Have you tried to stalk someone? When are you considered a stalker? Who are considered as stalkers?

A stalker can be former friends, lovers, a simple acquaintance, spouse or even someone that you do not know. Anyone can be a stalker, some are well-educated and leading a good life. Some also have psychological disorders and mental problems.

There are some celebrities and public personalities that have been stalked like Steven Spielberg, Madonna, and David Letterman. Majority of those hunted are ordinary people.

There are two types of stalkers. The domestic and non-domestic stalkers. Domestic stalkers are those have past relationship with the victims. They are non-delusional.

Non-domestic stalkers, on the other hand, have no past relationship with the victim. Stalkers only think that they have the contact with the victim.

Behavior and examples of criminal harassment or stalking usually happen over a period.

Effects of Stalking

Men and women can be both a victim of stalking and can be stalkers. Some stalkers do not know that they are already stalking. Frequently victims do not realize that stalking is a criminal offence.

Effects of stalking on victims include mental health consequences. There are emotional, psychological, physical and behavioral effects. Victims may have trust issues in a relationship, lifestyle changes, stress, fear, paranoia, and anxiety.

criminal harassment defense

Feeling Accused? Contact Us

Are you being accused of stalking? It can be humiliating and defaming. There may also be emotional, psychological, physical and behavioral effects on you and your family. People and community become indifferent and hostile towards you.

An experienced and seasoned criminal harassment defense lawyer in Winnipeg, Canada like Matthew T. Gould can significantly help you. He will help you challenge these allegations of stalking. So, contact us now.

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Learn the Mechanism of DUI Charges in Canada

Whether you are the perpetrator or the victim, inevitable things such as car accidents may happen, and the last thing that you want to end up with is knowing nothing about the law. As they all say, ignorance of the law excuses no one, and whether you like it or not, a charge has to be pressed against you or the other party involved, which is why learning how driving under the influence (DUI) charges in Canada work, can be useful when the situation calls for. Knowing what happens if you get a DUI in Canada and the mechanism of the criminal code of Canada impaired driving penalties, can help you anticipate what the necessary steps are when are presented with the situation.

is a dui a criminal offense in canada

Is a DUI a Criminal Offense in Canada?

If you are wondering if DUI is a criminal offense in Canada, it is, according to the criminal code of Canada for impaired driving penalties for DUI convictions. Many people have little to no knowledge of the DUI charges in Canada, and it is imperative that you know how drunk driving can result in legal consequences so that you can work your way through it in case you get arrested. Additionally, you need to know what happens if you get a DUI in Canada so that you can call a lawyer who can fight for your rights in court and give you legal advice after the arrest has been made.

 

What Happens if you Get a DUI in Canada?

Once you enter this sort of situation, you have to know what happens if you get a DUI in Canada and how the process of conviction goes so that you will not be further charged for refusal to cooperate. It is okay to travel drunk as long as you are not the driver or if the driver himself/ herself hasn’t taken in any alcohol but it’s another story if you’ve been driving (while traveling) drunk. Naturally, a police officer will conduct common tests like using approved device and instrument demands, field sobriety tests, and many others, and so, you have to cooperate accordingly.

 

How Do You Navigate Through the Laws Governing DUI Charges In Canada?

Entering into that sort of situation requires a bit of knowledge the laws governing DUI charges in Canada so that you can confirm is DUI is a criminal offense in Canada or not. Canadian regulation upon conviction may vary depending on the severity of the damages sustained by the victim, and by learning how these mechanisms for DUI charges in Canada work can help you (if you are the suspect) strategize to get a lesser degree of punishment from the court. Likewise, victims who know how to navigate through the criminal code of Canada impaired driving penalties can also help in ensuring that the consequences that a convicted person will receive are commensurate.

what happens if you get a dui in canada

How Is the Criminal Code of Canada Impaired Driving Penalties and Consequences Regulated?

Aside from having a DUI record in your entry, there are also pending penalties which you may encounter once your offense is convicted in court. In case that your counter pieces of evidence are inadmissible and that inadmissibility of these pieces of evidence remain unchanged, getting a pardon for your offense is the last hope you can get. Hence, avoid getting charged with DUI charges in Canada in the first place by not driving under the influence so that you won’t have to face legal consequences.

Is a DUI in Canada Considered a Criminal Offence?

DUI refers to driving motor transport although your alcohol blood content is beyond the legal limit. Driving beyond 80mg of alcohol in 100ml of blood is already an offense. DUI may be referred as drunk driving and driving while intoxicated (DWI).

If you have been caught driving under alcohol and drug influence, it may negatively affect your life. Thus, this must not be taken lightly.

However, what will you do if you’re suspected of driving under alcohol and drug influence? Is a DUI in Canada Considered a Criminal Offence? What are the possible sanctions and penalties?

impaired driving canada criminal code

Is a DUI in Canada Considered a Criminal Offence?

DUI in Canada is a Criminal Offence way back 1921. Impaired driving is a term used for criminal offences of driving a motor transport under alcohol and drug influence. These could be alcohol or drugs.

Based on the Criminal Code, DUI offense is punishable. DUI offense is considered as one of the prevalent criminal charges in Canada. Thus in 2008, the Canadian government implemented stringent restrictions and rigid penalties.

The country has one of the strictest blood alcohol laws in the western states. Sometimes, DUI charge can be categorized as indictable. This corresponds felony conviction in the American lexicon.

What to Do If You’re Suspected of DUI

If you are suspected of DUI, you have all the right of not incriminating yourself. Never tell the officers how much have you drunk. You may not execute, or sobriety tests could be refused.

Just present your vehicle registration as well as your driver’s license. When asked to blow in an Approved Screening Device (ASD), just do it.

ASD is used to determine the concentration of alcohol in your blood. It’s set for “warn” when your reading ranges from 50–80mg of alcohol in 100ml of blood. It’s set for “fail” when your reading is at 100mg of alcohol in 100ml of blood.

If you fail the test, police may declare a suspension of your driver’s licence for three months. He may invite you for breathalyser test at the police headquarters.

DUI Sanctions and Penalties

You can be possibly charged with impaired driving. Penalties may range from a criminal conviction, fines and going to jail, licence suspension, and international travel restrictions. A DUI may result in a criminal conviction that may reflect in your criminal record check.

The minimum sanction for DUI first offence is a fine of not less than $1,000. Punishment for the second offence within ten years is a minimum of 30 days in jail. A summary conviction may have a sentence of 18 months in maximum in jail time.

You may also lose your privilege of operating a motor transport. The first count of offense may result in a one-year driving prohibition. Second and third offences could suspend your driving privileges for at least two and three years, respectively.

If you are convicted for DUI in the US, your entry may be denied by the Canadian Immigration officer. Entering Canada would be hard. Only convictions for the last ten years are counted.

dui canada punishment

Seek Legal Assistance

Now, you know that DUI in Canada is considered a criminal offence? If you currently have a DUI case, hiring a Winnipeg criminal lawyer would always be helpful.

Lawyers can offer you the services you need in a professional and skilled manner. They have the full knowledge of the blood alcohol law of your land.

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3 Things About City of Winnipeg Criminal Record Check in Manitoba

The City of Winnipeg Criminal Record Check is also called police clearances given to the public. The Criminal Records Information Management Services by the Royal Canadian Mounted Police compile the records. Results of the evaluation are release within 24 to 48 hours from day of application.

Your name, birthday and fingerprints are used for your criminal record check. Included in your criminal data check are the criminal convictions and non-convictions or your criminal history.

The City of Winnipeg Criminal Record Check may bear any of the two responses You are cleared and no records found, or you are not cleared and a record may exist. Winnipeg police cannot affirm unless you provided fingerprints.

canadian criminal record check online

Uses of City of Winnipeg Criminal Record Check

You may get a criminal record check for various purposes. Your record may be used but not limited to as a requirement for employment, citizenship, and travel.
On the other side of the coin, an employer also use this. The clearance verifies and screens prospective employees. Most of the employers if not all would require this from their potential applicants.

Governing bodies and authorities also look a person’s criminal record to issue legal documents. This clearance is used to assess the trustworthiness and credibility of an individual.

Who Conduct a Criminal Record Check?

Police services can conduct the City of Winnipeg Criminal Record Check, name-based checks performing and accredited fingerprinting companies

With the name and birthday and fingerprints, police services search the databases of national police and own local records.

Some companies enter an arrangement with municipal police services name-based checks on criminal records. These companies would also require the name and birth date of the applicants.

There are also accredited fingerprint companies commissioned to submit fingerprints. These prints are given to Canadian Criminal Real Time Identification Services of RCMP. Information from national or local databases is not included.

These companies may receive printed fingerprints and convert them electronically for transactions. This kind of service is extended to people with prints taken outside Canada.

Steps to Get a Criminal Record Check in Winnipeg

You can have access to the application either online or in person. You can only request a clearance if you are a resident of Winnipeg.

In making an online application, you may log at https://winnipegpolice.ebackgroundcheck.ca and use the eBackground Check Service. The form can be completed and submitted in 5 minutes. It is a 24-hour a day service and notification via email will be received when the certificate is ready.

The applicant must present two identity documents upon claiming the certificate.

When applying in person, you may attend in any of the Service Centres. You would still fill out an application form and present two identity documents. Payments must be in Canadian Funds through postal money order, personal cheque or certified cheque.

You can visit the official page of the Winnipeg Police Service to check the 2017 Fee Schedule.

how to get a criminal record check

Get Yourself Checked Now!

Aside from the criminal record check, you can also get vulnerable sector verification. The police service can complete this audit to Winnipeg residents only. This verification is used to look for the existence of the pardoned offenses by an individual.

It’s not always unpleasant to have clearances. However, this would give you an edge compared to others in the job application.

However, it may be a disadvantage if you have some criminal records. For further guidance, you may contact a professional specializing in this matter. You may visit their office and schedule an appointment.

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Winnipeg Small Claims Court

Your Guide to Winnipeg Small Claims Court

The small claims court in Manitoba is covered by the Manitoba court of Queen’s bench. It hears small claims amounting to a maximum amount of $10,000. Hearings of small claims court in Manitoba may be heard in two languages, English and French and interpreters are provided.

It is important for Canadians to be guided with the basic information about Winnipeg’s small claims court. From hearings to the disputes covered, the residents must be aware of certain rules and regulations.

Your Guide to Winnipeg Small Claims Court

Small Claims in Winnipeg: Procedure

The procedure of the hearings conducted in the small claims court is set under rule 76 of the Manitoba court of Queen’s bench rules. Small claims are heard mostly by officers of the court who have vast experience in the court system. There are few claims though that may be heard by the court of Queen’s bench judges.

Should you file a small claim, the officers of the court who will hear your claim may be able to reach a resolution on your claim. This is possible with mediation if both the claimant and the defendant agree to resolve the dispute in that manner. Note that the hearings in small claims court in Manitoba are informal and are recorded.

Winnipeg Small Claims Court: Role of Court Staff

The court staff in small claims court can answer queries about court procedures and give data on how to secure a copy of the laws that apply to small claims court. They are able to tell when your court is ready for filing and provide you information as to how to hire a lawyer.

There are limitations of the court staff like sharing tips on who should be categorized as claimants and defendants. Your criminal lawyer is in the right position to advise as to who shall be the claimant or the defendant. More so, they are not allowed to give their views about your small claims.

Winnipeg Small Claims Court: Limitations

Small claims in Winnipeg are set with limitations. The small claims court are not allowed to conduct hearings on disputes that involve ownership of a land and a residential tenancy.

Family issues under the power of the Family Division of the Court of Queen’s Bench cannot be heard on small claims court in Manitoba as well. Even false imprisonment, acts of defamation and the like are barred from being heard in the small claims court.

It is important that you consult with your lawyer about your small claim to know whether it can be heard in the small claims court. More so, it is important to be aware about the procedure of the hearings and other necessary information needed about you and the type of claim.

Winnipeg Small Claims Court

Who Can File Small Claims?

A person of legal age (18 years old) and above is allowed to file small claims. If the individual who plans to file a claim is a minor, a parent or a guardian of the child can file the claim on his/her behalf. Businesses are also allowed to file small claims along with various corporations.

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Strategic Legal Steps for Victims to Win Robbery Charges

Nobody wants to become victimized by criminals but sometimes, the inevitable happens, and you may find yourself falling prey to criminal activity. With that said, it is imperative to get the criminal (may it be a man or a woman, armed or not) arrested by pressing robbery charges to get the justice that you deserve. They all say that justice delayed is justice denied, and to get the most out of filing the robbery charges, you need to learn what is a robbery and what the types of robbery charges are, for you to learn how much jail time for robbery the accused will be getting.

what is a robbery

What is a Robbery?

Pressing robbery charges may help you get the criminals committing robberies indicted before the court upon police action, and it is important to know what is a robbery, how it is defined in Canadian law, and what you can do to get the men or women who committed the crime charged to get justice.

Before you charge someone with robbery, knowing what is a robbery can help you make more concrete statements and gather pieces of evidence which can help the court decide judgment without reasonable doubt. In a nutshell, a robbery is a form of crime which involves one person being forced by another to give up something by stealing.

The occurrence of this felony may vary depending on how these crimes were carried out, which is why it is imperative to also learn the types of robbery charges or what other charges you can file together with them for you to maximize how much jail time for robbery the criminal in custody should be given.

 

Are there Different Types of Robbery Charges?

In addition to learning what a robbery is, it is also important to know how it differs to theft and burglary, especially since these are different cases from robbery although the nature of these crimes is similar.

Theft usually does not involve interpersonal contact when something is stolen, whereas burglary normally involves some form of invasion of a building or residence with the intent to commit crimes. With these in mind, robbery charges do not have specific types, but the way the crime was carried out can mean that you can press other charges together with the robbery charges you filed.

This means that for every crime committed together with the robbery, you can add more jail time for the accused. Robbery normally comes with aggravated assault or some force which can, in turn, come as a threat to a victim to some degree. Hence, identifying what these other offenses can help you take appropriate legal actions.

 

How Much Jail Time for Robbery?

If you want to maximize the jail time of the accused before the results of the proceedings are decided upon, you should ensure that you have identified what other charges you can file together with the robbery charges towards the accused.

As mentioned earlier, they are normally armed, and may even occur together with aggravated assault, which is why consulting a lawyer can help you get armed with legal knowledge and help you strategize before the court.

types of robbery charges

Winning Your Case

Facing an accused criminal before the court is not an easy process, especially since you may have to recount how the robbery happened before the defense lawyer and the suspects involved. Any statement inconsistency may work against you hence, learning the laws and penalties governing robbery charges and strategizing your move with a lawyer, can surely help you get the justice that you want for the crime done to you.

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how an attorney can help you with criminal charges in canada

What to Do if a Family Member is Arrested

Nothing is scarier than getting arrested. It is a scary time for anyone, especially after the whirlwind of events that may have to led the police laying a charge on you. This can be a hard time to get through, and during hard times we sometimes forget the simple steps we need to take to stay safe and calm.

Unfortunately, careless mistakes made easily during the police and trial procedure can lead to misunderstanding or even worse, an unnecessary conviction.

That is why, if you know a loved one who has recently had a charge laid on them or has been arrested, there are some steps you can take to make sure that you are supportive and there for them and help them get the real help they need to avoid a wrongful conviction or overly harsh sentence.

The earlier you start to help, the more beneficial your help will be, as a lot of mistakes that are made early on in the process can have dreadful consequences in the later stages of a conviction, charge, or trial.

The Steps of What to Do if a Family Member is Arrested

The Steps of What to Do if a Family Member is Arrested

The first thing you need to do is not panic. Panicking and saying too much can create testimony and evidence that may have been said solely out of passion or panic, and does not reflect what has actually happened. Regardless of whether or not you intimately know the situation or what happened, panicking when you are questioned can cause a lot more problems than it would ever solve.

The second thing is to make sure you and the accused family member are aware of your rights, and to be sure not to let the police walk all over you. Sometimes the police realize that people are unaware of their own rights, and will take advantage of that.

Remember that you do not have to say anything you do not want to, and that anything you do say can be used in court as testimony.

The last thing is to make sure you get a good defence lawyer to handle the legal matters. Having a good defence lawyer on your side can help you know what to say and not say to defend yourself, and gives you someone who can make sure that the police and crown prosecutor do not take advantage of you not knowing your rights.

The Importance of Getting a Good Defense Lawyer

The Importance of Getting a Good Defence Lawyer

Always be sure to have a good defence lawyer, especially if your case is taken to trial, for that can be the difference between life in prison and a short sentence.

If you are in the market for a good lawyer, be sure to give Matt Gould a try. He is a Winnipeg criminal lawyer with the experience and credentials needed to fight for your side and help you get the desired result from any trial or charge that is placed upon you. Call or click today for more information.

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What Shows Up On Background Checks

What Shows Up On Background ChecksI once read somewhere that a meaningful life is not about being rich, or being highly educated nor being perfect but it’s about being real, being humble and being able to share ourselves to inspire others. However, what can we do? From getting a job, seeking a VISA approval, applying for a passport, getting a driver’s license or even asking for a bank loan, each individual is being pre-assessed depending on their past history and current situation.

Way back a decade when I was still a fresh graduate and innocent about how cruel this world can be, I found job interviews really exciting. It was the best avenue to showcase my talent: my English fluency, typing skills, and wittiness; even how perky and energetic I am  for the post that I was applying for.

I got declined once, which is fine; declined twice, okay? Then being rejected thrice in a row made me start to feel disheartened and emotional because I felt confident that I was able to answer their questions and even exceeded their expectations.

So I started asking why. That was the only time when I realized the sad fact that it wasn’t really not about how I answered and the things that I could bring to the table – it was also about how well I did when I was still a student who did not care about almost anything just because I was young, energetic and carefree.

 

What shows up on background checks?

What shows up on background checksEducational attainment, school origin, financial stability, police records and even health concerns are just few of the many items on the list an institution requires. In the simplest form, it’s making your once private life and open book for someone to see. Depending on what you are really up to, others might just need small details but it can also go down to your deepest and darkest information recorded.

Though it might sound really a bad thing and people might not feel at ease in submitting themselves to it, background checks are not all negative. If you aim to work for a reputable company, look for those who take time to patiently review their possible employees’ background. Chances are they also aim to provide a stable job as they maintain a quality service for their clients. No top Banking Company would want to hire an ex-con or a swindler as one of their advisers I bet.

Your legal government identifications such as your license IDs and SSS sometimes are part of the Background Checks. Logically, you already have undergone a partial screening in getting these IDs, so something to tick off that list. These are also a quick source to check if there are any pending cases filed against you.

Most would feel a bit uncomfortable undergoing whole process of checking your background. Some might even feel offended or hurt, thinking that they are being misjudged of some error that they have made on the past. Life is never a walk in the park. Think and work on your goals if you want to succeed and get the best out of it.

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How to Seek Help from the Best Lawyer

What To Do If You Get A DUI: A Manitoban’s Guide To Impaired Driving Laws

We understand that accidents can happen. Perhaps you had to drive somewhere after having a glass of wine, or you waited a few hours but couldn’t quite get the alcohol out of your system… Either way, you’ve ended up with a DUI charge or have been pulled over and don’t know what to do.

Convictions for DUI can be scary, and hard to shake. The very lightest of charges can result in a three month suspension from your license, and the hardest can lead to jail time and an indefinite suspension of your licence. What are you going do to?

Lets say you just got pulled over. You have some alcohol in your system, and don’t know what a breathalyzer test will show. The first thing to do is not panic, and comply with the test. While it may seem like it would be a lot easier if you were to refuse, given the charges for the potential results, in all actuality you can get your license suspended for AT LEAST 2 years just by refusing the test.

After the test, if you have enough alcohol in your system to be given a charge, you will probably get charged with a DUI.

What To Do If You Get A DUI

What To Do If You Get A DUI

As is with any charge laid on you, it is important to act fast and call a lawyer to represent you in court. Extraneous circumstances might mean a reduced sentence, and having someone on your side to defend you in the case of a DUI charge is the best way to go about getting the minimum sentence.

If you are a first time offender, chances are you will be let off with a light suspension and a fine. If this is your fourth or more offense within ten years, you might be facing a permanent suspension of your license.

The one wild card is if your actions caused injury or death to another person. If that was the case, then you might be looking at a five year minimum suspension for the first offense, on top of the fees and potential loss of your vehicle.

With this specific circumstance, it only takes three offenses to cause a permanent suspension on your license, which is not up for any more arguing. You might even face jail time, if it has been a repeat offense.

How to Seek Help from the Best Lawyer

How to Seek Help from the Best Lawyer

If you get caught driving under the influence, your life doesn’t have to be over. Be sure to remember that when it happens, call a DUI lawyer as soon as you can after to help reduce the sentence you potentially will have to face. Matt Gould is an experienced lawyer who can help you through any charge that has been laid on you.

Instead of worrying in the dark and relying on your own research to find out what will happen to you, or even worse relying on an appointed lawyer, talk to Matt Gould today about how he can help you get the lightest sentence you can. Call or click today for more information.

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How to get assistance in getting an assault charge dropped

How To Get Assistance In Getting An Assault Charge Dropped

Have you been charged with some sort of assault? Are you stuck asking yourself what you can do for help in this situation? We will discuss here some basic tips on how to get assistance in getting an assault charge dropped.

First we need to ask ourselves if this is even a probable idea and how often this is likely to even happen. Once charges have been laid it is not likely that they will be dropped. Let us take a look at the chances of charges being dropped before a trial.

Can Charges Be Dropped Before Trial

Can Charges Be Dropped Before Trial?

Not many people actually have charges dropped before a trial. However, those that do typically are due to situations like a witness not wanting to appear. Another common reason is that a witness decides to change their story or refuses to agree with their original statements.

Another reason could be in light of new evidence meaning that the charges are dropped due to lack of proper evidence in the beginning of a case. These are not always likely to occur so making sure that you have the best possible counsel by your side is still going to be your best option throughout the proceedings.

Getting Charges Dismissed

Getting charges dismissed is not as easy as it may sound. This is especially true for those who have been charged with assault. Most people who are pressing charges against someone that they believe assaulted them in some way will be reluctant to dismiss these charges.

Now when talking about domestic assault charges, that is a completely different story. These cases typically have a minimal amount of evidence available and are treated with much more caution. Even though these two types of charges are considered to be the same, they are definitely handled in different ways.

Depending on the case type if there is no real evidence, it can come down to simply he said she said. At that point, testimony would be the main source of conviction. Depending on the defendant’s lawyer, they could have a field day with this type of evidence and get the defendant off with no penalty.

 

How to get assistance in getting an assault charge dropped

Are You Not Sure What To Do?

If you are looking for how to get assistance in getting an assault charge dropped simply pick up the phone and call our law office now. We specialize in these types of cases and are more than happy to set up a consult to go over your case. Get help from Matt Gould now!

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