Unsilencing abuse, harassment survivors: NDP tables bill to limit 'unacceptable' NDAs

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Graves joined Claudia Chender of the New Democratic Party at Province House in Halifax on Thursday morning to talk about a non-disclosure agreement bill that the Dartmouth South MLA tabled in the legislature later in the day.

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The NDP caucus bill introduced by Chender would follow a Green bill, the first of its kind in Canada, that passed the Prince Edward Island legislature, in November.

Chender, a lawyer, said NDAs are contracts through which parties agree not to disclose information covered by the agreement. The non-disclosure may apply to one or both of the parties who enter into the agreement.

For complainants, NDAs can be an appealing option to avoid long, costly court proceedings, Chender said.  They can ensure privacy and confidentiality. 

“In sexual harassment settlements, however, it has been argued that NDAs serve to silence victims and allows offenders to avoid public knowledge of their offences and indeed to evade full accountability,” Chender said.

“NDAs can negatively affect the health and healing processes of victims by denying them the ability to talk about their trauma. They can create a culture of silence in and around workplaces and they can also discourage individuals from reporting crimes.”

Chender said the key principle informing the NDP bill is that “victims and survivors should be able to choose the processes and methods of resolutions they wish.”

Chender said the bill doesn’t prohibit NDAs but ensures that such an agreement can only be entered into if it is the expressed with of the person harmed and is only enforceable if the relevant person has had the opportunity to seek legal advice and has not been coerced.

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Chender said, legally, NDAs cannot cover criminal activity but the reality is that they serve as silencing techniques. 

“The specific content of the NDA may not specify illegal activity, but it’s used to intimidate women in particular and others from pursuing criminal charges.”

Chender said is aware that NDA legislation is something that the government has considered.

“As we heard today, there is urgency,” Chender said. “Looking at is good but doing it is better. We’re here to say that we need a bill passed quickly. It doesn’t need to be our bill.””

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