EARN CPD CREDITS
Cutting-edge knowledge and networking opportunities
8th Annual Conference on &
Indigenous Consultation Engagement Atlantic
October 8–9, 2024 • Atlántica Hotel, Halifax, Nova Scotia
Uniting Communities, Government, and Industries to Shape the Future of Indigenous Consultations.
2024 Conference Insights:
CHEVRON-RIGHT INDIGENOUS LEADERS ROUND TABLE: Priorities, Best Practices, and Key Challenges Across Atlantic Canada
CHEVRON-RIGHT CUMULATIVE EFFECTS: Proactive Protection of Collective Rights
CHEVRON-RIGHT 2024 LEGAL FRONTIERS: Mastering UNDRIP Implementation, Title Transformations, and Beyond
CHEVRON-RIGHT INTERACTIVE STRATEGY SESSIONS: Harnessing Indigenous Wisdom to Address Current Consultation Challenges and Forge Solutions
CHEVRON-RIGHT BUILDING RESILIENCE: Enhancing Community Safety Through Strategic Disaster Risk Reduction
2024 Conference Co-Chairs
Renée Pelletier Partner
Olthuis, Kleer, Townshend LLP
Tuma Young Lawyer and Indigenous Law Professor Cape Breton University
PLUS! Explore your specific consultation challenges in our pre-conference workshops on October 7th:
A
Introduction to the Duty to Consult: Navigating Legal Obligations, Trigger Points, and Indigenous Rights
B
Crafting Successful Partnerships: Proven Strategies for Drafting Contracts and Agreements in Indigenous Joint Ventures and Revenue Sharing
Associate Sponsor
As Mayor of Halifax and on behalf of Regional Council it is my distinct pleasure to extend warm greetings and a special welcome to all attending the 8th Annual Conference on Indigenous Consultation and Engagement Atlantic.
Halifax Regional Municipality is located on the ancestral and unceded grounds of the Mi’kmaq people in the district of Mi’kma’ki. We acknowledge the Peace and Friendship Treaties signed in this Territory and recognize we are all Treaty People.
Bridging Perspectives to Honor Rights, Forge Relationships, and Fulfill Responsibilities
Indigenous consultation in Atlantic Canada faces distinct and unique challenges. While significant strides have been made in addressing cumulative effects, reconciling overlapping territories, and advancing provincial UNDRIP implementation, the journey towards full realization and integration continues.
new letter from the mayor coming soon
Delegates of the 8th annual conference will be provided a non-partisan platform to make meaningful connections and engage in important discussions with Indigenous leaders, natural resource experts and key government officials.
Halifax is the place to be with its dynamic and intriguing mix of heritage and culture. Indeed, the Mi’kmaq people have called this land home for more than 13,000 years. A marquee destination embracing a diversity of people, communities, shops, restaurants and nightlife, our city will present you with a truly original experience.
Our culturally rich port city takes pride in our reputation as one of the world’s most hospitable and welcoming destinations. During your stay, I hope you take time to explore some of the rich history, culture, and natural beauty our region offers
I want to acknowledge, with gratitude, the Canadian Institute Indigenous Affairs Team and sponsors for hosting this important and timely event here in Halifax.
I wish you much success and trust your visit will be a truly memorable experience.
With increased demand for urgent solutions to economic and infrastructure challenges, governments and indigenous groups face the tough task of managing competing priorities and balancing cumulative effects. Meanwhile, industries strive to accelerate their pace to meet rising demands, navigating the intricate dance of decision-making and coordination that requires significant time and effort.
To help accomplish these goals, this conference will bring together esteemed consultation professionals from across the region at Canadian Institute’s 8th Annual Conference on Atlantic Indigenous Consultation and Engagement in Halifax, October 8-9, 2024. Join us to explore critical lessons learned and collaboratively develop innovative strategies to advance Indigenous consultation in Atlantic Canada.
Kindest regards, Mike
Savage Mayor
who you will meet
and
speaker Faculty
2024 ChaiRs
Renée Pelletier Partner
Olthuis, Kleer, Townshend LLP
Tuma Young Lawyer and Indigenous Law Professor Cape Breton University
Distinguished Faculty
Nadir Adre Partner/Lawyer
Borden Ladner Gervais LLP
Karen Augustine Director, Economy Building
Mi’gmawe’l Tplu’taqnn Inc.(MTI)
Kristy Barnaby, MHA Chief Executive Officer
Barnaby & Associates
Gordon S. Campbell Senior Barrister
Aubry Campbell MacLean
Tracy Cloud Director of Trilateral Negotiations
Mi’gmawe’l Tplu’taqnn
John Desjarlais Executive Director Indigenous Resource Network
Debra Donovan, PMP, P2RP President
IPM Integrated Project Management Inc.
Chris Feetham
Senior Compliance Promotion Officer
Environment and Climate
Change Canada
Jim Gogan Partner
McInnes Cooper
Roderick Gould Chief Abegweit First Nation
David Johnston
Director – Indigenous-Led Projects and Partnerships
EastPoint Insights
Rebecca Knockwood Chief Fort Folley First Nation
Lara Koerner-Yeo Lawyer
JFK Law LLP
Tiffany Lee Director of Housing Strategy
Nova Scotia
Native Women’s Association
Jaimie Lickers Senior Vice-President
Indigenous Markets CIBC
Troy MacDonald, CPA, CBV Partner
Grant Thornton LLP
Regina Mandamin Manager, Indigenous Policy and Research Deloitte’s Future of Canada Centre
Tom Mann Aboriginal Relations Gitpo Spirit Lodge
Shannin Metatawabin ICD.D Chief Executive Officer
National Aboriginal Capital Corporation Association (NACCA)
Marie-Michelle Modéry
Senior Program Officer, Storage Tank Program Environment and Climate Change Canada
Tyler Morrison Manager of Indigenous Community Engagement Canadian Red Cross Atlantic Team
John Paul CEO
Atlantic Policy Congress of First Nations Chiefs Secretariat
Rose Paul CEO & President Bayside Development Corporation
Christina Pickering
Ph.d Candidate, Youth Engagement University of Ottawa
Chloe Pictou
Indigenous and Community Relations Coordinator
DHIR Inc.
Sabre Lee Pictou Founder and CEO
Archipel Research & Consulting
Patrick Polchies Councillor
Kings Clear First Nation
Allan Polchies Jr. Chief
St. Mary’s First Nation
Jacqueline Potvin-Boucher
Indigenous Patient Navigator
Nova Scotia Health Authority
Derek Simon
Managing Partner
Burchell Wickwire Bryson LLP
Dean Vicaire
Executive Director
Mi’gmawe’l Tplu’taqnn
Cynthia Westaway Partner and Senior Counsel
First Peoples Law
OUR AUDIENCE AT-A-GLANCE
WHERE OUR DELEGATES COME FROM
TOP TITLES
Chiefs and Councilors
Senior Executives, Directors and Managers of
Indigenous Relations
Internal and External Affairs
Stakeholder Relations
Community Relations
Project Development
Environmental Planning
Economic Development
In-house Counsel and Outside Advisors
Law Practitioners
Biologists
Analysts
pre-conference workshops
Monday, October 7, 2024
8:30 a.m.–12:30 p.m. (Registration opens at 8:00 a.m.)
AIntroduction
to the
Duty
to
Consult: Navigating Legal Obligations, Trigger Points, and Indigenous Rights
microphone-alt Cynthia Westaway, Partner and Senior Counsel, First Peoples Law
Sabre Lee Pictou, Founder and CEO, Archipel Research & Consulting
This workshop will cover the essentials of Duty to Consult, examining the various aspects of the duty —the common law, treaties and legislation—and respective obligations, together with a range of topical issues including the following:
• Triggering the common law Duty to Consult, with consideration for gray areas such as infrastructure projects
• Understanding the legal requirements for fulfilling the duty to consult, often referred to as ‘legal minimums’
• Evaluating consultation obligations in treaty agreements, including implementing modern treaty obligations
• Analyzing consultation obligations pursuant to Bill S-3, the amendment to the Indian Act to provide new entitlements to registration
• Reviewing the peace and friendship treaty and how it affects consultation
• Respecting the Government of Canada’s Relationship with Indigenous Peoples
» Advancing reconciliation
» Recognizing rights
» Upholding the honour of the Crown
1:30–4:30 p.m. (Registration opens at 1:00 p.m.)
BCrafting Successful Partnerships: Proven Strategies for Drafting Contracts and Agreements in Indigenous Joint Ventures and Revenue Sharing
microphone-alt Jim Gogan, Partner, McInnes Cooper
Troy MacDonald, CPA, CBV, Partner, Grant Thornton LLP
The first 90 minutes of this session will be instructive with a real-life look at partnership contracts, clauses, and a focus on how to tailor contracts to your organization. There will be a 30-minute refreshment break. The last hour of this session will include interactive exercises.
Topics of discussion will include:
• Understanding joint ventures, management agreements, partnerships, and strategic alliances
• Drafting consultation and accommodation policies and agreements
• Partnering with resource-sector business including forestry, mining, energy, construction, oil & gas, and tourism
Excellent experience. I would recommend this conference to all my colleagues.
Samantha Rodriguez Machado PSPC
Really enjoyed it and very informative.
Lucy Francis, PLFN
LEGAL ACCREDITATION
This 2-day conference program can be applied towards 2 hours 45 minutes of substantive hours of annual Continuing Professional Development (CPD) as required by the Law Society of Ontario. Members will also receive an additional 3 substantive hours at each pre-conference workshop.
The same number of hours may be applied to your continuing legal educational requirements in British Columbia.
The Barreau du Québec recognizes this training activity, the latter having been accredited by another Law Society subject to the MCLE.
For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta.
Members of the Law Society of Saskatchewan seeking accreditation for an out of province activity are requested to submit the CPD Activity Application Form and agenda directly to the LSS for approval. EARN CPD HOURS
day one Tuesday, October 8, 2024
Consultation Priorities and Legal Updates: Overcoming Challenges and Implementing Best Practices
8:00 a.m.
Registration
Opens and Refreshments Served
Start the event with an exclusive meet and greet – where you can connect face-to-face with key speakers and fellow attendees. Seize this unique opportunity for early access to our faculty of experts and make meaningful connections before the main event!
8:45 a.m.
Traditional Welcome and Land Acknowledgement
9:00 a.m.
Opening Remarks from the Conference Co-Chairs
microphone-alt Renée Pelletier, Partner, Olthuis, Kleer, Townshend LLP
Tuma Young, Lawyer and Indigenous Law Professor, Cape Breton University
9:15 a.m. KEYNOTE ADDRESS
Championing Sacred Rights, Relationships, and Responsibilities of First Nations in Canada through Effective Consultation
microphone-alt Shannin Metatawabin ICD.D, Chief Executive Officer, National Aboriginal Capital Corporation Association (NACCA)
Join us for a discussion on First Nations led initiatives shaping environmental stewardship, economic resilience, and the overall well-being of Atlantic First Nations. Topics will include:
• Engaging in collaborative solutions for managing overlapping territories, enhancing cooperation, and reducing conflicts
• Exploring evolving human rights issues and consultation priorities
• Understanding the significance of reclaiming traditional names and its role in strengthening cultural identity and heritage
10:00 a.m. INDIGENOUS LEADERS ROUNDTABLE
Priorities, Best Practices, and Key Challenges Across
Atlantic Canada
microphone-alt John Paul, CEO, Atlantic Policy Congress of First Nations Chiefs Secretariat
Rebecca Knockwood, Chief, Fort Folley First Nation
Roderick Gould, Chief, Abegweit First Nation
Allan Polchies Jr., Chief, St. Mary’s First Nation
Join Indigenous leaders to hear about the most pressing priorities affecting Indigenous communities, and how to best navigate consultation obligations through 2024. Balancing community health, safety, and economic growth with pressing consultation priorities. Topics for discussion will include:
• Assessing the impact of housing and childcare shortages on community wellbeing, and the participation Indigenous women in the workforce
• Exploring the threats of climate change, disaster management and extreme weather through the lens of Indigenous Traditional Knowledge and protected lands
• Listening to perspectives of Metis, Inuit, and other Atlantic Canada Indigenous groups on title and name changes throughout 2023-2024
10:45 a.m. Break and Refreshments
11:00 a.m.
Cumulative Effects: Protecting Our Land Now and In the Future
microphone-alt Nadir André, Partner/Lawyer, BLG
The Blueberry River Court decision in Yahey v British Columbia is impacting consultations across Canada, as governments become more diligent in considering cumulative impacts earlier in the project development process. Join this session for everything you need to know and how it is affecting consultation in Atlantic Canada. Topics of discussion will include:
• Debating how governments should consider cumulative impacts when issuing fishing permits
• Examining the level of development needed to infringe on rights through climate change and disaster risk management
• Discussing farther reaching implications of cumulative effects, such as climate change and cross border claims from American Nations
11:45 a.m.
Disaster Risk Reduction Planning: Empowering Community Resilience with Proactive Disaster Prevention Strategies
microphone-alt Tyler Morrison, Manager of Indigenous Community Engagement, Canadian Red Cross Atlantic Team
Christina Pickering, Ph.d Candidate, Youth Engagement, University of Ottawa
Throughout recent years, extreme weather events have become more common across Canada, and Atlantic Nations are balancing risk reduction planning amongst other consultation priorities. Join us to learn about how the Red Cross, Governments, and First Nations are creating disaster risk reduction plans and building risk analysis into the consultation process. Topics of discussion will include:
• Examining how knowledge dissemination across First Nations is critical to keeping people safe during emergencies
• Exploring the impact of reducing Northern Communities reliance on fossil fuels to help to increase resilience to natural disasters
• Proposing new ideas for collaboration to be better prepared to support each other in an emergency event
• Learning about how to engage all members of the community, including youth, to prepare and support consultations and community engagement
Consultation Priorities and Legal Updates: Overcoming Challenges and Implementing Best Practices
Topics of discussion will include:
12:30 p.m. Lunch Break
1:30 p.m. INTERACTIVE WORKING GROUPS
Tackling Consultation Challenges with Indigenous Leaders
Join this immersive session to collaborate directly with Indigenous leaders. Brainstorm to address the most pressing consultation challenges and uncover culturally informed solutions. This is a rare opportunity to gain insights that respect traditions and drive progress.
Table 1 – Clean Energy Consultations: Jargon, Misconceptions and Best Practices
• Understanding the different types of projects, titles, and impacts common across Atlantic Canada
• Delving into jargon and better preparing you for the increase in mining consultations in 2024 and beyond
• Evaluating misconceptions and answering your questions about mining projects
Table 2 – Community Wellbeing: Housing, Drinking Water, Childcare
microphone-alt Tiffany Lee, Director, Nova Scotia Native Women’s Association
• Defining modern livelihood and lack of social services, such as childcare
• Redefining homelessness and the magnified impact of the housing shor tage
• Clean drinking water and other basic services lacking in some regions
Table 3 – Industry Priorities: Balancing Community Needs and Project Management
microphone-alt Debra Donovan, PMP, P2RP, President, IMP Integrated Project Management Inc.
• Outlining major projects in development across Canada’s Atlantic coast and discussing potential positive and negative impacts
• Brainstorming ways to streamline project management to gain better results in consultations
*At each table, we will share local delicacies from the Halifax Indigenous Friendship Center
2:30 p.m. LEGAL PANEL
Overlapping Claims, Treaties, Cumulative Effects, and the Dynamics
of Consent
microphone-alt
Derek Simon, Managing Partner, Burchell Wickwire Bryson LLP
Lara Koerner-Yeo, Lawyer, JFK Law LLP
In this session, panelists will consider the complexities of overlapping claims and their effects on consultations. Session leaders will analyze recent case law and compare them with best practices from various jurisdictions, providing insights into these challenges.
• Utilizing indigenous traditional knowledge and elder participation in consultation and the benefits traditional knowledge can have in helping communities work together in overlapping territories
• Exploring the trend of returning to traditional names through title changes across Atlantic Canada, enhancing cultural identity and respect in consultation processes
• Evaluating the impact of US groups asserting rights for cumulative effects on overlapping territory claims in Canada
3:15 p.m. Networking Break and Refreshments
3:30 p.m.
Implementing Indigenous Values in Economic Actions
microphone-alt Jaimie Lickers, Senior Vice-President Indigenous Markets, CIBC
Indigenous Nations and communities become increasingly active as investors in the Canadian and global economy, this session will explore:
• What Indigenous values and worldviews influence their economic decisions
• How Indigenous communities ensure that their economic participation is reflective of their values (i.e. shareholder activism, exclusionary action, etc)
• How can non-Indigenous players in the economy work to support Indigenous communities in their economic participation
• What are the panelists predictions for the future of Indigenous economic participation.
4:15 p.m.
Voices of Indigenous Youth Leaders on Reconciliation – Solutions for Building Respectful Relations
microphone-alt Regina Mandamin, Manager, Indigenous Policy and Research, Deloitte’s Future of Canada Centre
As future leaders in Canada, Indigenous youth can contribute important insights to the national discourse on public policy priorities to improve Indigenous community wellbeing and relations with governments and industry. In Deloitte’s Future of Canada Centre’s report series in partnership with Indigenous Youth Roots, Indigenous youth participants shared their unique experiences and recommendations on how governments and businesses can eliminate barriers for Indigenous peoples and foster more constructive relationships. Policy topics will include:
• Indigenous youth experiences in education and early career development
• Community wellbeing and access to mental health services
• Climate change and reconciling relations
• Indigenous sovereignty from the perspective of Indigenous youth
5:00 p.m.
Closing Remarks from Conference Co-Chairs
5:10 p.m.
Conference Adjourns until Day 2
day TWO Wednesday, October 9, 2024
Consultation Processes Overview and Industry Best Practices
8:15 a.m.
Registration Opens and Refreshments Served
8:55 a.m.
Opening Remarks from the Conference Co-Chairs
9:00 a.m.
ADVANCING INDIGENOUS FUTURES: Understanding the Impacts of Amendments to the Federal Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations
microphone-alt Marie-Michelle Modéry, Senior Program Officer, Storage Tank Program, Environment and Climate Change Canada
Chris Feetham, Senior Compliance Promotion Officer, Environment and Climate Change Canada
Federal Regulations outline requirements for storage tank systems, but these requirements are not always appropriate or effective for diverse communities. Amendments are underway, but understanding what challenges First Nations and tenants on Aboriginal lands are facing which impact their ability to comply over the long term is critical to developing sound legislation. Join the federal Government for a session on:
• Engaging in rulemaking and outlining critical concerns with current legislation
• Improving collaboration with regulated communities on Aboriginal Lands
• Discussing the protocols and brainstorm solutions for effectively maintaining storage tanks and related facilities
9:45 a.m.
Connecting Communities: Consultation and Engagement with Indigenous Community Members Living Off-Reserve
microphone-alt Tuma Young, Lawyer and Indigenous Law Professor, Cape Breton University
Chloe Pictou, Indigenous and Community Relations Coordinator, DHIR Inc.
The cost of inflation, opportunities, and other factors are creating the need for more people to live closer to cities and off reserve. Join us for a discussion about how to consult and engage with off-reserve community members and learn about strategies for engaging and involving community members living off reserve into the consultation and engagement process. Topics of discussion will include:
• Exploring the importance of language advocacy in the consultation process, both in terms of naming conventions and literacy
• Conducting consultations across overlapping territories and understandings of relations between neighboring nations are often blurred by cumulative concerns.
• Case Study: Indigenous Traditional Knowledge and land management considerations for cumulative effect consultations
10:30 a.m. Networking Break and Refreshments
10:45 a.m.
Consultation Blueprint for 2024: Designing the Ideal Consultation Strategy for Atlantic Canada
microphone-alt Patrick Polchies, Councillor, Kings Clear First Nation
Renée Pelletier, Partner, Olthuis, Kleer, Townshend LLP
Reimagine the consultation and pre-consultation process and explore collaborative strategies to enhance approaches for achieving positive outcomes. Session leaders will examine current practices, identify challenges, and brainstorm solutions to elevate the process. Engage to help shape the future of effective consultations.
11:30 a.m.
Revitalizing Wellness Break: Experience Indigenous Dance and Drumming
12:00 p.m. Lunch Break
1:00 p.m.
ENERGY FUTURES: How the Green Energy Industry is Propelling Consultation Processes Forward
microphone-alt David Johnston, Director – Indigenous-Led Projects and Partnerships, EastPoint Insights
Experiencing the cumulative effects of all energy projects is important when designing and responding to consultation processes. The increase demand for green hydrogen and wind farms and lack of education surrounding safety is causing concerns. Topics of discussion will include:
• Exploring best practices for long-term engagement, collaboration and relationship building through energy consultation
• Determining how to expand traditional knowledge including Indigenous culture and history, and it can expedite consultation processes
• Understanding the implications for relations between industry, first nations, regulators, and government for off-shore energy project development
1:45 p.m
Consultation Processes Overview and Industry Best Practices
3:30 p.m.
Evaluating How the Case R. v. Montour & White Changed the Face of Indigenous Consultation in Quebec: What Its Principles Mean for Altantic Canada and Beyond
microphone-alt Gordon S. Campbell, Senior Barrister, Aubry Campbell MacLean
R. v. Montour and White recently recognized 10 never previously acknowledged by a Canadian court Crown-Indigenous Treaties, rewrote the Supreme Court of Canada’s Vanderpeet test for Aboriginal rights, and found that the UNDRIP had been adopted into Canadian law due to the federal UNDRIP ACT all in establishing Indigenous peoples’ rights to economic development, and to be consulted on any legislation which regulates or limits such development. This session will explore:
• How the results of this Quebec Superior Court case be applied in Atlantic Canada and beyond
• What is required for similar positive trial litigation results upholding treaty and Aboriginal rights
• What the right to economic development mean for the future of Crown-Indigenous consultation and accommodation?
2:30 p.m. Networking Break and Refreshments
2:45 p.m INDUSTRY PANEL
Mining, Trade, and Infrastructure Development in Atlantic Canada
microphone-alt Rebecca Knockwood, Chief, Fort Folley First Nation
Dean Vicaire, Executive Director, Mi’gmawe’l Tplu’taqnn
Tracy Cloud, Director of Trilateral Negotiations, Mi’gmawe’l Tplu’taqnn
Karen Augustine, Director, Economy Building, Mi’gmawe’l Tplu’taqnn Inc. (MTI)
As Atlantic Canada experiences population growth, the number of mining, energy and other large infrastructure projects in the region has increased. Explore recent cases affecting project consultations and learn how to navigate consultation fatigue amongst competing priorities.
• Analyzing recent cases in trading rights over the St. Lawerence River and related impacts on cross-border trade with US Nations
• Evaluating the impact mining, infill work, and other infrastructure projects cumulatively have on forestry, and other closely related sectors and environmental considerations
• Discussing case studies on procurement and material sourcing for large infrastructure projects in line with consultation requirements
Marine Frontiers: Exploring Consultations on Fisheries, Shorelines, and Coastal Land Claims
microphone-alt Tom Mann, Aboriginal Relations, Gitpo Spirit Lodge
Recent court rulings are reshaping fishing permit protocols. Wild salmon and freshwater fish species are culturally significant to First Nations communities. In this session, our leaders will explore the landscape of fishing rights on the Atlantic coast by considering the collaborative efforts between provincial and federal governments and Indigenous nations to foster sustainable fisheries.
This session will provide a real-time collaborative initiative, creating a space for genuine relationship development. Using the example of watershed planning we will examine how organizations can better inform decision-making and to ensure watershed resiliency. We will also explore the significance of trust and language in leading to collaboratively leading change.
4:30 p.m.
Closing Remarks from Conference Co-Chairs
5:15 p.m. Conference Concludes
I believe the event provided a great mixture of engagement and consultation strategies from a variety of positions, as well as appropriate background information regarding the eastern Canadian context of Indigenous history as it relates to treaties.
Damian Mosher Fisheries and Oceans Canada
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VENUE & HOTEL
Atlantica Hotel Halifax 1980 Robie Street, Halifax Nova Scotia, Canada, B3H 3G5 Phone: 902-423-1161 (Toll Free: 1-888-810-7288)
Accommodations
The Canadian Institute is pleased to offer our delegates a limited number of hotel rooms at a negotiated rate. To take advantage of these rates, please contact the hotel directly and quote “The Canadian Institute” or Group Code “CICE.”
Please note that the guest room block cut-off date is September 7, 2024. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.
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If you are unable to attend for any reason, you will have the following options:
y A full credit note for you, or a colleague to attend another event.
y A full refund.
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