COMMENTARY: Non-disclosure agreements have become tool to silence victims of abuse | SaltWire

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COMMENTARY: Non-disclosure agreements have become tool to silence victims of abuse | SaltWire
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Liz LeClair, a volunteer with the Can’t Buy My Silence Campaign, provided the following opinion article. In the spring of 2022, the Nova Scotia NDP ...

When the Nova Scotia legislature resumes March 21, advocates hope to see a bill limiting the use of non-disclosure agreements become law. FileLiz LeClair, a volunteer with the Can’t Buy My Silence Campaign, provided the following opinion article.limiting the misuse of non-disclosure agreements in cases of abuse or discrimination. NDAs are familiar to the general public because of the Harvey Weinstein and Hockey Canada scandals.

This is a sentiment I hear time and time again. People believe there is always an option to say no; that there is always an option to walk away. This sentiment is wrong-headed and victim-blaming at the highest order. Why are victims of abuse expected to keep their stories a secret? Who does this protect? As veteran labour lawyer Ron Pink noted in a recent interview, “NDAs are a murderous tool.”

When filing a complaint with the Nova Scotia Human Rights Commission in 2019, I was forced to choose between receiving a settlement or signing an NDA. As someone with positional privilege I was able to say no, but most individuals cannot afford to make this choice. By permitting NDAs to be used this way our legal system perpetuates abuse, while simultaneously allowing the abusers to move on with their reputations intact.

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