N.S. opposition parties call for legislation limiting NDAs for sexual assault, harassment cases

The Nova Scotia NDP tabled a petition on Tuesday, calling on the government to pass legislation banning the use of non-disclosure agreements for sexual assault victims.

The NDP introduced legislation in April 2022 aimed at restricting non-disclosure agreements, known as NDAs, but the provincial government has done nothing to push the bill forward.

“They had a moment, an opportunity to demonstrate that they cared about women and that they were going to do something to end the culture of silence and they have chosen explicitly not to act,” said NDP Leader Claudia Chender.

“These agreements protect people who are powerful, they protect people who are wealthy and they protect the status quo. We all know that the status quo has a strong sway in this building and in the decisions that are made and I think the premier has gotten advice that there are people who would not like the status quo to change.”

Read more: N.S. NDP introduces bill restricting non-disclosure agreements for harassment cases

Liz LeClair, a volunteer with the Can’t Buy my Silence campaign, said she is “unimpressed” with the Tim Houston government. The campaign aims to outlaw NDAs when they’re used to “buy the silence” of victims.

For her, the issue is personal.

“I have a long history of talking about my experience as a fundraising professional being sexually harassed and assaulted by donors, one donor in particular, an incredibly wealthy member of the community here in Halifax,” she said.

She made a complaint to the Human Rights Commission and was encouraged to sign an NDA, which she did not do.

However, advocates say NDAs happen all too often and it can be difficult for people to refuse.

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“The pressure … maybe some intimidation, people feeling like there’s no other option and they’re not going to get damages if they don’t sign the non-disclosure,” said Kristina Fifield, a trauma therapist with the Avalon Sexual Assault Centre.

NDAs can also have long-lasting impacts on victims.

“You can’t move past your trauma unless you can have ownership of your own story,” said LeClair.

Meanwhile, the premier said he agrees the issue is important.

“The department is working on it. We’ll do a jurisdictional scan, we’ll look at what’s happening in other areas of the country, other areas of the world, and when we get fulsome information we’ll make a decision,” said Houston.

Opposition parties said that’s not good enough.

“This government doesn’t even say they’re going to do it. I hear no empathy for victims,” said Liberal Leader Zach Churchill.

— with a file from Global News’ Rebecca Lau