NDA Abuse - QP

CLAUDIA CHENDER « » : On International Women's Day, I want to remind the Premier that there is near-universal public support for restricting the abuse of non-disclosure agreements. Prince Edward Island and Saskatchewan have introduced their own legislation; 94 per cent of members of the Canadian Bar Association support this, Acadia University and The University of King's College support this, and the Nova Scotia Federation of Labour - including the Nova Scotia Government and General Employees Union and the Nova Scotia Nurses' Union - supports this. All these organizations have vocally called for this government to protect the survivors of sexual assault and harassment from being silenced, yet this government refuses to take action.

Why won't the Premier act to stop the abuse of non-disclosure agreements?

THE PREMIER « » : Supporting survivors with sensitivity and respect is important, and the Province agrees. Nobody wants to see non-disclosure agreements used to silence victims. Nobody wants to see that. We believe survivors should have the option to make an informed choice on whether to sign an NDA. It's currently an option. There are no good options when you're a survivor of sexual assault. Today, one of the options is to sign an NDA. That's an option that is available. We're concerned about removing that option from survivors. I would say Prince Edward Island is the only province with broad legislation. In Manitoba, the Manitoba Law Reform Commission recommended against NDA legislation.

CLAUDIA CHENDER « » : According to lawyer Ronald A. Pink, this is not an option. There is an option - I should point out - in a bill before the House. This is not an option. What Ron Pink says is that "these things are signed for one purpose: to protect the male harasser. The male harasser then goes on to do it again. He can continue to do it because he can buy his way out. That's what's going on." That's a quote. We have extensive evidence of this: close to home, the University of Prince Edward Island scandal; the 2023 IIHF World Junior Championship here in Halifax; and countless other cases where victims are barred from speaking out. They did not have a choice.

Despite this, the Minister of Justice continues to claim that there are pros and cons to the issue. Can the Premier clarify: What are the pros?

THE PREMIER « » : There are no pros when you're a victim of sexual assault. These are awful circumstances, for sure, and we want to be sensitive to that.

I would tell the member that I have heard from survivors who have entered into NDAs, and they tell me: I can't talk about it publicly, but I just want you to know that this was an important option for me, and I am thankful that it was there for me to take.

Obviously not for everyone - these are complicated, very, very personal decisions. I would just tell the member that there is another side to this story, and I do hear from survivors who have entered into them, and they were happy - not happy - they were appreciative that that's an option. They asked me not to remove that option from those who may want to choose it.

CLAUDIA CHENDER « » : The Premier will be glad to know we could retain that option and still protect victims. Since we're in the business of drawing parallels this week, here's another one: just like with the Coastal Protection Act, this government was originally favourable to the idea of legislation restricting the use. They spent months - years, actually - conducting endless rounds of jurisdictional scans and research, only finally to announce that although they disagree with the misuse of non-disclosure agreements, they actually plan to do nothing to stop it, despite mounting support from the public and organizations alike. The minister said that this government considered multiple factors but couldn't explain the about-face. The Premier has said he has talked to people.

Can the Premier tell me: Who is the Premier listening to? Is it the silent majority again? Can he actually table evidence of conversations he's had that have led him to this terrible decision?

THE PREMIER « » : It's an unfortunate situation when we can compare surviving a sexual assault to armour rock on a coastline. But what I would say is that I have heard from people who are survivors, who have entered into an NDA, and they tell me it was an important thing for them at that time. We're totally sympathetic. I'm not a survivor, I can't put myself in those shoes, but I can try to imagine the emotions of it.

It's a serious topic. It's not one to bandied around on the floor of the Legislature. I want to assure all members?

THE SPEAKER « » : Order. The honourable Premier has the floor.

THE PREMIER « » : Thank you, Speaker. I want to assure all Nova Scotians that we take this matter in the very serious manner that it needs to be taken.