Following Hockey Canada scandal, some supporters are calling for settlement agreements to prohibit or limit the use of non-disclosure agreements (NDAs) when abuse is involved .
Julie McFarlane, a law professor at the University of Windsor, is the founder of the "Can't Buy My Silence" campaign to end the use of her NDA in abuse cases. one of her. These contracts are often used by organizations and companies under the guise of protecting victims' privacy, she said.
“[The victim] must protect the identity of the other party (the perpetrator) so that his name is kept confidential and his identity is protected, and he is told not to disclose anything.” That's what happened to them," McFarlane told CTV's Your Morning on Thursday. It says it pressures victims to shut up while protecting even the perpetrators.
"(NDA) is held over the heads of plaintiffs who receive settlements, and if they ever talk about their case...they are in breach of that agreement and they I'm told I could lose my contract... I'll compensate," she said.
Last month it was revealed that Hockey Canada had paid $7.6 million in several sexual assault-related settlements since 1989, and the plaintiffs involved in the settlements non-disclosure agreement.
On July 27, Scott Smith, CEO of Hockey Canada, told a Congressional committee that the claimants who signed the NDA were You said your organization allows you to talk about your experience.
"If they want to get rid of them, I don't see why they wouldn't, unless there's a legal reason I don't know," Smith told MPs.
In May, P.E.I. became the first jurisdiction in Canada to limit the use of NDAs in cases of discrimination and harassment, including sexual misconduct. Under the law, an NDA is legal in these cases only if the victim asks for it and the contract does not prejudice third parties.
Macfarlane calls the terms of P.E.I.'s law "pretty common sense," particularly the bill's provision that he said the NDA must not harm third parties.
"There is an expression that has been developed over the years: 'Pass the trash can'." This refers to the idea that a person who has already engaged in risky behavior can move to another workplace without guilt knowing nothing about their background," she said. } "We argue that people who behave in this way tend to repeat offenses over and over again, thus always harming third parties."
, has also been submitted to the legislatures of Manitoba and Nova Scotia. Canada's sports minister Pascale St-Onge criticized the use of NDAs, telling Canadian media outlets in June that they violated "the very principles of safe sport".
McFarlane says public outcry over her Canadian hockey scandal has given new "momentum" to campaigns to ban or limit the use of NDAs. She said the "Can't Buy My Silence" campaign has worked with legislators across Canada on NDA legislation. It's important," she said.
Using files from The Canadian Press.
