Case information
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36410
Matthew John Anthony-Cook v. Her Majesty the Queen
(British Columbia) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2017-07-04 | Appeal closed | |
| 2016-10-24 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2016-10-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2016-10-21 |
Judgment on the appeal rendered, Abe Mo Ka Wa Ga Côt Br, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA042018, 2015 BCCA 22, dated January 19, 2015, heard on March 31, 2016, is allowed and the appellant’s sentence is varied to bring it into conformity with the sentence jointly proposed by the Crown and defence, namely, that the appellant serve an additional 18 months in custody, with no period of probation to follow. Allowed |
|
| 2016-04-18 | Transcript received, 149 pages. | |
| 2016-03-31 |
Hearing of the appeal, 2016-03-31, Abe Mo Ka Wa Ga Côt Br Judgment reserved |
|
| 2016-03-31 | Judgment reserved OR rendered with reasons to follow | |
| 2016-03-31 | Intervener's condensed book, (Book Form), Sumitted in the hearing room (14 copies). | Association des avocats de la défense de Montréal |
| 2016-03-31 | Appellant's condensed book, (Book Form), Submitted at the hearing (14 copies). | Matthew John Anthony-Cook |
| 2016-03-29 | Notice of appearance, Elise Nakelsky will be present at the hearing for the Intervener, Attorney general of Ontario. Ms. Nakelsky will present oral argument. | Attorney General of Ontario |
| 2016-03-29 | Notice of appearance, Ryan Dalziel and Emily Lapper will appear on behalf of the Intervener, British Columbia Civil Liberties Association. Mr Dalziel will do the oral arguments. | British Columbia Civil Liberties Association |
| 2016-03-29 | Notice of appearance, Nicholas St-Jacques, Lida Sara Nouraie and Walid Hijazi will be at the hearing for the Intervener, Association des avocats de la défense de Montréal. Mr. St-Jacques will make the oral arguments. | Association des avocats de la défense de Montréal |
| 2016-03-22 | Notice of appearance, Micah B. Rankin, Michael Sobkin and Jeremy G. Jenson will appear at the hearing for the Appellant. Mr. Rankin will make the oral arguments. | Matthew John Anthony-Cook |
| 2016-03-21 | Notice of appearance, David W. Schermbrucker and Monica McQueen will appear on behalf of the intervener, Director of Public Prosecutions. Mr. Schermbrucker will be presenting the oral arguments. | Director of Public Prosecutions of Canada |
| 2016-03-18 | Notice of appearance, Joseph Di Luca and Erin Dann will appear as counsel on behalf of the Intervener, Criminal Lawyers' Association (Ontario). Mr. Di Luca will present oral argument. | Criminal Lawyers' Association (Ontario) |
| 2016-03-17 |
Order by, Côt, FURTHER TO THE ORDER dated January 29, 2016, granting leave to intervene to the Attorney General of Ontario, the Criminal Lawyers' Association (Ontario), the Director of Public Prosecutions, l’Association des avocats de la défense de Montréal and the British Columbia Civil Liberties Association; IT IS HEREBY ORDERED THAT: The said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2016-03-16 | Intervener's book of authorities, (Book Form), Completed on: 2016-03-16, (Electronic version filed on 2016-03-16) | Criminal Lawyers' Association (Ontario) |
| 2016-03-16 | Intervener's factum, (Book Form), Completed on: 2016-03-16, (Electronic version filed on 2016-03-16) | Criminal Lawyers' Association (Ontario) |
| 2016-03-16 | Intervener's book of authorities, (Book Form), Completed on: 2016-03-16, (Electronic version filed on 2016-03-16) | Director of Public Prosecutions of Canada |
| 2016-03-16 | Intervener's factum, (Book Form), Completed on: 2016-03-16, (Electronic version filed on 2016-03-16) | Director of Public Prosecutions of Canada |
| 2016-03-16 | Intervener's book of authorities, (Book Form), Completed on: 2016-03-15, (Electronic version filed on 2016-03-16) | Association des avocats de la défense de Montréal |
| 2016-03-16 | Intervener's factum, (Book Form), Completed on: 2016-03-16, (Electronic version filed on 2016-03-16) | Association des avocats de la défense de Montréal |
| 2016-03-15 | Intervener's book of authorities, (Book Form), Completed on: 2016-03-15, (Electronic version filed on 2016-03-15) | British Columbia Civil Liberties Association |
| 2016-03-15 | Intervener's factum, (Book Form), Completed on: 2016-03-15, (Electronic version filed on 2016-03-15) | British Columbia Civil Liberties Association |
| 2016-03-14 | Intervener's book of authorities, (Book Form), Completed on: 2016-03-14, (Electronic version filed on 2016-03-14) | Attorney General of Ontario |
| 2016-03-14 | Intervener's factum, (Book Form), Completed on: 2016-03-14, (Electronic version filed on 2016-03-14) | Attorney General of Ontario |
| 2016-03-08 | Notice of change of counsel, (Letter Form), Intervener, Association des avocats de la défense de Montréal - Me Pierre Landry will replace Richard Gaudreau. | Association des avocats de la défense de Montréal |
| 2016-03-04 | Correspondence received from, (Letter Form), counsel from the Respondent ask to replace page 1 and 16 of the Factum and Tab 22 of the Book of Authorities. | Her Majesty the Queen |
| 2016-03-04 | Correspondence received from, Intervener, Association des avocats de la défense de Montréal - Me Pierre Landry will be their agent. | Association des avocats de la défense de Montréal |
| 2016-03-03 | Appeal perfected for hearing | |
| 2016-03-02 | Notice of appearance, Mary T. Ainslie, Q.C. and Megan A. Street will appear as counsel on behalf of the Respondent. Ms. Ainslie will present oral argument. | Her Majesty the Queen |
| 2016-02-29 | Respondent's book of authorities, (Book Form), replaced Tab 22., Completed on: 2016-02-29, (Electronic version filed on 2016-03-04) | Her Majesty the Queen |
| 2016-02-29 | Respondent's factum, (Book Form), replaced page 1 and 16., Completed on: 2016-02-29, (Electronic version filed on 2016-03-04) | Her Majesty the Queen |
| 2016-01-29 | Order on motion for leave to intervene, by Justice Cromwell | |
| 2016-01-29 |
Decision on the motion for leave to intervene, Cro, UPON APPLICATIONS by the Attorney General of Ontario, the Criminal Lawyers’ Association (Ontario), the Director of Public Prosecutions of Canada, l’Association des avocats de la défense de Montréal and the British Columbia Civil Liberties Association for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted and each of the said interveners shall be entitled to serve and file a factum not to exceed ten (10) pages in length in this appeal on or before March 16, 2016. The requests to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. The intervention is restricted to the issue of the standard that a sentencing judge should apply when deciding whether to accept or reject a joint sentencing submission. The intervention must not address the appropriateness of the sentence imposed in this case. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their interventions. Granted |
|
| 2016-01-29 | Submission of motion for leave to intervene, Cro | |
| 2016-01-26 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-01-26 | Matthew John Anthony-Cook |
| 2016-01-22 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-01-22, (Electronic version filed on 2016-01-22) | Her Majesty the Queen |
| 2016-01-19 | Motion for leave to intervene, (Book Form), Completed on: 2016-01-19, (Electronic version filed on 2016-01-19) | British Columbia Civil Liberties Association |
| 2016-01-19 | Motion for leave to intervene, (Book Form), Completed on: 2016-01-19, (Electronic version filed on 2016-01-25) | Association des avocats de la défense de Montréal |
| 2016-01-19 | Motion for leave to intervene, (Letter Form), Completed on: 2016-01-19, (Electronic version filed on 2016-01-19) | Director of Public Prosecutions of Canada |
| 2016-01-18 | Motion for leave to intervene, (Book Form), Completed on: 2016-01-18, (Electronic version filed on 2016-01-18) | Criminal Lawyers' Association (Ontario) |
| 2016-01-06 | Correspondence received from, (Letter Form), Mr. Rankin re: request to file authorities with grey covers (consent included). Permission granted by the Deputy Registrar 2016-01-07, (Electronic version filed on 2016-01-06) | Matthew John Anthony-Cook |
| 2016-01-06 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-01-06) | Matthew John Anthony-Cook |
| 2015-12-21 | Supplemental document, (Book Form), Completed on: 2015-12-21, (Electronic version filed on 2015-12-29) | Matthew John Anthony-Cook |
| 2015-12-21 | Appellant's book of authorities, (Book Form), (3 volumes), New covers and new CD for Vol. 3 requested, Completed on: 2016-03-30, (Electronic version filed on 2015-12-29) | Matthew John Anthony-Cook |
| 2015-12-21 | Appellant's record, (Book Form), Completed on: 2016-01-07, (Electronic version filed on 2015-12-21) | Matthew John Anthony-Cook |
| 2015-12-21 | Appellant's factum, (Book Form), Completed on: 2016-01-07, (Electronic version filed on 2015-12-29) | Matthew John Anthony-Cook |
| 2015-12-08 | Correspondence received from, (Letter Form), (Included in the response to the motion for leave to intervene), Appellant, re: consents to Jan.26th response date. | Matthew John Anthony-Cook |
| 2015-12-08 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2015-12-08 | Matthew John Anthony-Cook |
| 2015-12-07 | Correspondence received from, Ms. Mary T. Ainslie, Q.C. - fax letter requesting to file response to motion to intervene to January 26, 2016, per the Chief's order. | Her Majesty the Queen |
| 2015-12-03 | Motion for leave to intervene, Completed on: 2015-12-03 | Attorney General of Ontario |
| 2015-11-27 | Notice of hearing sent to parties | |
| 2015-11-26 |
Appeal hearing scheduled, 2016-03-31 Judgment reserved |
|
| 2015-11-03 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2015-11-03 |
Order by, CJ, IT IS HEREBY ORDERED THAT: 1.The appellant’s record, factum and book of authorities shall be served and filed on or before December 22, 2015. 2.Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before January 19, 2016. 3.The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before January 26, 2016. 4.Replies to any responses to the motions for leave to intervene shall be served and filed on or before January 28, 2016. 5.The respondent’s record, factum and book of authorities shall be served and filed on or before February 29, 2016. 6.Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before March 16, 2016. Granted |
|
| 2015-10-13 | Notice of appeal, (Letter Form), Completed on: 2015-10-13, (Electronic version filed on 2015-10-16) | Matthew John Anthony-Cook |
| 2015-09-21 | Correspondence received from, Mary T. Ainslie, Q.C., counsel for the respondent, letter dated September 16, 2015, re: hearing date | Her Majesty the Queen |
| 2015-09-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-09-11 | Judgment on leave sent to the parties | |
| 2015-09-10 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA042018, 2015 BCCA 22, dated January 19, 2015, is granted. Granted |
|
| 2015-09-10 |
Decision on motion to extend time to file and /or serve the leave application, see judgment on Application for Leave Granted |
|
| 2015-07-13 | All materials on application for leave submitted to the Judges, CJ Wa Ga | |
| 2015-07-13 | Submission of motion to extend time to file and/ or serve the leave application, CJ Wa Ga | |
| 2015-06-03 | Applicant's reply to respondent's argument, Completed on: 2015-06-03 | Matthew John Anthony-Cook |
| 2015-05-28 | Response to the motion to extend the time to file and / or serve the leave application, (Included in the respondent's response on the application for leave to appeal), Completed on: 2015-05-28 | Her Majesty the Queen |
| 2015-05-28 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2015-05-28 | Respondent's response on the application for leave to appeal, Completed on: 2015-05-28 | Her Majesty the Queen |
| 2015-04-29 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED APRIL 29, 2015 | |
| 2015-04-29 | Book of authorities, (Book Form), 2 volumes | Matthew John Anthony-Cook |
| 2015-04-29 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2015-04-29 | Matthew John Anthony-Cook |
| 2015-04-29 | Certificate (on limitations to public access) | Matthew John Anthony-Cook |
| 2015-04-29 | Application for leave to appeal, (Book Form), Completed on: 2015-04-29, (Electronic version filed on 2015-05-01) | Matthew John Anthony-Cook |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Anthony-Cook, Matthew John | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
| Director of Public Prosecutions of Canada | Intervener | Active |
| Association des avocats de la défense de Montréal | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
Counsel
Party: Anthony-Cook, Matthew John
Counsel
Micah B. Rankin
Jeremy Jensen
Jeremy Jensen
Jensen Law Corporation
620 Battle Street
Kamloops, British Columbia
V2C 2M3
Telephone: (250) 374-6666
FAX: (250) 374-7777
Email: mrankin@tru.ca
620 Battle Street
Kamloops, British Columbia
V2C 2M3
Telephone: (250) 374-6666
FAX: (250) 374-7777
Email: mrankin@tru.ca
Agent
Michael J. Sobkin
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Her Majesty the Queen
Counsel
Mary T. Ainslie, Q.C.
Megan A. Street
Megan A. Street
Attorney General of British Columbia
6th Floor, 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: mary.ainslie@gov.bc.ca
6th Floor, 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: mary.ainslie@gov.bc.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Ontario
Counsel
Howard Leibovich
Elise Nakelsky
Elise Nakelsky
Attorney General of Ontario
720 Bay Street
10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-2002
FAX: (416) 326-4656
Email: howard.leibovich@ontario.ca
720 Bay Street
10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-2002
FAX: (416) 326-4656
Email: howard.leibovich@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Criminal Lawyers' Association (Ontario)
Counsel
Joseph Di Luca
Di Luca Barristers
100-116 Simcoe Street
Toronto, Ontario
M5H 4E2
Telephone: (416) 868-1203 Ext: 223
FAX: (416) 868-0269
Email: jdiluca@dilucabarristers.ca
100-116 Simcoe Street
Toronto, Ontario
M5H 4E2
Telephone: (416) 868-1203 Ext: 223
FAX: (416) 868-0269
Email: jdiluca@dilucabarristers.ca
Agent
Colleen Bauman
Goldblatt Partners LLP
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: British Columbia Civil Liberties Association
Counsel
Ryan D.W. Dalziel
Emily Lapper
Emily Lapper
Bull, Housser & Tupper LLP
510 West Georgia Street
Suite 1800
Vancouver, British Columbia
V6B 0M3
Telephone: (604) 641-4881
FAX: (604) 646-2671
Email: rdd@bht.com
510 West Georgia Street
Suite 1800
Vancouver, British Columbia
V6B 0M3
Telephone: (604) 641-4881
FAX: (604) 646-2671
Email: rdd@bht.com
Agent
David Taylor
Power Law
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5563
FAX: (613) 702-5563
Email: dtaylor@powerlaw.ca
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5563
FAX: (613) 702-5563
Email: dtaylor@powerlaw.ca
Party: Association des avocats de la défense de Montréal
Counsel
Lida Sara Nouraie
Walid Hijazi
Nicholas St-Jacques
Walid Hijazi
Nicholas St-Jacques
Desrosiers, Joncas, Nouraie, Massicotte
500 Place d'Armes
Suite 1940
Montréal, Quebec
H2Y 3Y7
Telephone: (514) 397-9284
FAX: (514) 397-9922
Email: lsn@legroupenouraie.com
500 Place d'Armes
Suite 1940
Montréal, Quebec
H2Y 3Y7
Telephone: (514) 397-9284
FAX: (514) 397-9922
Email: lsn@legroupenouraie.com
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Director of Public Prosecutions of Canada
Counsel
David W. Schermbrucker
Public Prosecution Service of Canada
Suite 1400, Duke Tower
5251 Duke Street
Halifax, Nova Scotia
B3J 1P3
Telephone: (902) 426-2285
FAX: (902) 426-1351
Email: David.Schermbrucker@ppsc-sppc.gc.ca
Suite 1400, Duke Tower
5251 Duke Street
Halifax, Nova Scotia
B3J 1P3
Telephone: (902) 426-2285
FAX: (902) 426-1351
Email: David.Schermbrucker@ppsc-sppc.gc.ca
Agent
François Lacasse
Directeur des poursuites pénales du Canada
160, rue Elgin
12ième étage
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
160, rue Elgin
12ième étage
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Criminal law – Sentencing – Joint submission on sentencing rejected – What test should a sentencing judge apply in deciding whether to accept or reject a joint sentencing submission.
The applicant was charged with manslaughter. He was detained in both a jail and in a mental health facility prior to his mid-trial guilty plea and sentencing. The Crown and defence had made a joint submission that the appropriate sentence was a period of 18 months’ additional incarceration, and that no probation order should be imposed. The sentencing judge determined that the period of imprisonment should be three years, apart from a credit for pre-sentence custody. The judge sentenced the applicant to an additional 24 months less a day imprisonment (with credit for 366 days in pre-sentence custody). The judge also imposed a three year probationary term, the terms of which included that the applicant refrains from using illegal substances. The Court of Appeal dismissed the sentence appeal.
Lower court rulings
July 4, 2014
Supreme Court of British Columbia
Docket: 26512, 2014 BCSC 1503
Supreme Court of British Columbia
Docket: 26512, 2014 BCSC 1503
see file
January 19, 2015
Court of Appeal for British Columbia (Vancouver)
CA042018, 2015 BCCA 22
Court of Appeal for British Columbia (Vancouver)
CA042018, 2015 BCCA 22
see file
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
Date modified: 2025-02-27