NDA Legislation - QP

CLAUDIA CHENDER « » : Let's talk about choice. The group that is organizing to end the misuse of non-disclosure agreements is called Can't Buy My Silence. When non-disclosure agreements are signed, there is a signature and a cheque in exchange for silence. That is not an equal distribution of power.

When we bring up any case where people are disproportionately powerless in this Chamber, we are told about balance. We are told about the need to take everyone into account. We see no need to take the perpetrators of abuse into account.

My question to the minister is: Why are we talking about a choice of whether someone's silence can be bought with money or whether they can be protected by legislation?

HON. MICHELLE THOMPSON « » : I believe there is power in choice when there is an impossible situation in front of you. It is very traumatic to be a victim of sexual assault. I have worked with a number of individuals over the course of my career. We do need to provide choice. It is not for us or anyone else to decide what the path forward is when someone is on a journey of healing.

I appreciate that NDAs are not a choice that everyone would make, but it is important that we continue to provide a number of choices moving forward after a sexual assault. We will continue to do that. We will continue to look at jurisdictional scans, and we'll continue to be open to the conversation about how best to support people.

CLAUDIA CHENDER « » : The legislation in Prince Edward Island, which is based on the model legislation, explicitly gives victims a choice. It says that, with legal advice and by agreement of the parties, they can have the choice about whether to sign an agreement.

I'm going to say this again. Ron Pink has been a party to several non-disclosure agreements. After the University of Prince Edward Island scandal of a male abuser who bought his way through victim after victim after victim and concealed his crimes - some of those victims are in the gallery today - Ron Pink said: These things are signed for one purpose: to protect the male harasser. The male harasser goes on to do it again, and he can continue (interruption) to do it because he can buy his way out. That's what's going on. Women have choice either way. What is the real reason this government will not pass this legislation?

MICHELLE THOMPSON « » : As we've said on several occasions, we appreciate the questions, and we appreciate the dialogue on the floor of the House. To me, as a former sexual assault nurse, as a registered nurse, and as somebody who has worked in the system, I believe choice is essential. I think we need a variety of choices. We need a variety of ways in which we support people who have an incredible journey ahead of them - who have experienced sexual assault and need healing.

I believe this offers a choice. While it may not be the way in which other members feel it is appropriate, this is the path we have. I know the Department of Justice is looking at this on a regular basis. It is not something we are ignoring. We continue the dialogue. This is the path we are on and we will continue for the foreseeable future.