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The Supreme Court of Canada says the use of a condom can be a condition of consent under sexual-assault law and that sex with a condom is a fundamentally different physical act than sex without one.

In a 5-4 decision Friday, the top court ruled that if a complainant’s partner ignores the condition that a condom be used, the intercourse is non-consensual and the complainant’s autonomy and equal sexual agency have been violated.

“When a complainant states: ‘no, not without a condom’, our law of consent says, emphatically, this actually means ‘no,’ and cannot be reinterpreted to become ‘yes, without a condom’,” the decision says.

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Pope Francis holds meetings with Indigenous groups as his six-day tour comes to an end

An Indigenous delegation gathered for a private audience with Pope Francis in Quebec City on the final day of his Canadian tour. Residential school survivors wearing ribbon skirts and an elder holding a feather were among attendees of the 45-minute gathering.

In an address to open the meeting, the pontiff told the delegation that he’d come to Canada in a “spirit of penance” to apologize for the wrongs inflicted upon them by “not just a few Catholics.”

Cree Grand Chief Mandy Gull-Masty said survivors used the meeting to share their pain and stories. In his address, Francis said he had been enriched by the stories of the Indigenous people he has met in Canada.

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Officials from Ukraine, UN hopeful first grain shipments will leave Odesa, other ports by day’s end

Officials from Ukraine and the United Nations expressed hope on Friday that the first ships loaded with grain will be able to leave Odesa and two other Ukrainian Black Sea ports by the end of the day. But last-minute haggling with Russia over the route for the vessels meant that no ships had left as of Friday evening.

Last week, representatives from Ukraine, Russia and the United Nations signed an agreement that would allow the resumption of shipping out of Odesa and two other nearby ports – Chornomorsk and Pivdennyi. The ports have been closed since Russian invaded Ukraine on Feb. 24 and roughly 20 million tonnes of wheat, corn, rye, barley and oil seeds has been sitting in storage, awaiting delivery to several countries – some on the brink of famine

Under the deal, Ukrainian military boats will escort cargo ships out of the ports. Russia has promised not to attack the ships, or any port infrastructure. But the deal has been hung up on the route the ships will take. Ukraine wants to follow a route along its coastline while Russia is insisting that the ships sail closer to Crimea, which is under Russian control. The UN is trying to broker a compromise.

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ALSO ON OUR RADAR

Toronto mayor John Tory under investigation by city’s integrity commissioner: The integrity commissioner is investigating Tory over an alleged conflict of interest relating to his ties to telecom, media and sports giant Rogers Communications Inc.

Exclusive: Canadian lobbyist signs US$500,000 deal with Burkina Faso as Islamist insurgency worsens: Under the contract signed last week, Montreal-based lobbyist Ari Ben-Menashe has promised the Burkina Faso government that he will seek Israeli weapons and Saudi Arabian security co-operation for the besieged country where Islamist militants have killed thousands of civilians and gained control of large swathes of the territory.

Canada’s economy is slowing quickly: The Canadian economy posted robust growth in the second quarter, but there are mounting signs of a slowdown as consumers grapple with sky-high inflation and rising interest rates.

Michele Romanow’s Clearco lays off a quarter of staff as financier battles tech slump: Clearco has cut a quarter of its staff and signalled it could retreat from several foreign markets as the e-commerce merchant financier became the second prominent Canadian technology company this week to admit it expanded too quickly in anticipation of growth that hasn’t materialized in a worsening economy.

Tim Hortons proposes settlement for privacy class-action lawsuits: Tim Hortons says it has reached a proposed settlement in multiple class-action lawsuits alleging the restaurant’s mobile app violated customer privacy which would see the restaurant offer a free coffee and doughnut to affected users.

MARKET WATCH

U.S. stocks added to their recent rally on Friday after upbeat forecasts from Apple and Amazon.com, and the S&P 500 and Nasdaq posted their biggest monthly percentage gains since 2020.

The S&P/TSX composite index closed up 236.21 points or 1.12 per cent at 19,692.92, driven by strength in the energy, industrials and base metals sectors.

In New York, the Dow Jones industrial average closed up 315.50 points or 0.97 per cent at 32,845.13. The S&P 500 index gained 57.86 points or 1.42 per cent at 4,130.29, while the Nasdaq composite was up 228.09 points or 1.88 per cent at 12,390.69.

The Canadian dollar traded for 77.98 cents US compared with 77.91 cents US on Thursday.

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TALKING POINTS

Boycotting Canadian Blood Services for ending its mask mandate is illogical – but understandable

“On a spectrum of bad things, a national blood shortage certainly seems worse than slightly increased transmission of COVID-19 among a heavily vaccinated population.” – Robyn Urback

In defence of the Deep State: why democratic rule doesn’t mean letting politicians run everything

“Democratic government means government that is answerable to the people, not just empowered by them.” – Andrew Coyne

Orban’s bigotry has repelled his best friends. Why do conservatives still salute him?

“Although there certainly is an explicitly white-supremacist and Christian-nationalist branch of the Republican Party that gained a mainstream voice under Donald Trump’s presidency, and Mr. Trump himself has closely embraced the Putins and Orbans of the world, it is still surprising to see the main stage of a nationally televised event going to a man whose intolerance has offended the core sensibilities of even the far right.” – Doug Saunders

After I was diagnosed with the same type of skin cancer that killed my father, I had to alter my relationship with the sun

“I’m aware of the slightest changes in the light. The water looks and behaves in a new way every time I’m out. I don’t think of it as going for a run, more like I go to see what the lake is saying on any given day. Sometimes I swear I can feel it breathing beside me.” – Claire Cameron

LIVING BETTER

Athletes don’t need to ‘go hard’ exercising during a heat wave

The heat compounds the effort required to achieve a certain result. And, while spending time in the sun is beneficial when it comes to our Vitamin D intake, that doesn’t necessarily mean that exercising in the sun is always the right choice. Both activities exist in their own silos. Here are tips on how to exercise outdoors safely.

TODAY’S LONG READ

How Joe Oltmann, who claims the U.S. election was rigged and traitors should be executed, became a rising political force

Open this photo in gallery:

Joe Oltmann illustrationKagan McLeod/The Globe and Mail

Before he claimed to have evidence that the voting machines had been fixed for Joe Biden; before that claim won him an audience with advisers close to Donald Trump during the week of the Capitol insurrection; before he built a following rapt for his calls to execute “traitors” who do not share his political beliefs; before he suggested educators exposing children to LGBTQ material be dragged “behind the car till parts of them fall off”; before he launched a political action organization with an associated armed group; before he sat down in a room with Sudanese dictator Omar al-Bashir – before any of that, Joe Oltmann sold used cars.

Oltmann is a litigious businessman who regularly carries a concealed firearm and has been involved in 52 different court cases in Colorado, state records show. A court declared him a car thief. He is also the founder of a digital marketing company whose growth won Oltmann a 2020 nominee for an Ernst & Young Entrepreneur of the Year award. Colleagues applaud his business smarts and generosity.

But it is in politics where his salesmanship and entrepreneurial instincts have seen their greatest return. . Oltmann has fashioned himself into a part of a right-wing anti-establishment movement whose continued growth has mirrored and sustained the political fortunes of Donald Trump. How did any of this happen? The Globe’s Nathan VanderKlippe has the story.

Evening Update is written by Prajakta Dhopade. If you’d like to receive this newsletter by e-mail every weekday evening, go here to sign up. If you have any feedback, send us a note.

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