MLA who sponsored P.E.I.'s non-disclosure agreement bill says N.S. should act now

A member of the legislature in P.E.I. who sponsored Canada's first bill limiting the use of non-disclosure agreements in sexual assault matters says Nova Scotia shouldn't wait to introduce similar legislation. 

Earlier this week, Nova Scotia Justice Minister Brad Johns told reporters it's not a priority to bring in legislation that would ban the misuse of NDAs in cases of sexual assault, harassment and discrimination.

While Johns said he doesn't believe the agreements should be misused, he also has concerns that so few provinces have passed this kind of legislation.

He said he wants to "see how things continue to go in P.E.I., and make a decision in the future" on whether Nova Scotia will do the same.

Lynne Lund, MLA for Summerside-Wilmot, said P.E.I. has already seen a shift since the law came into effect in May. The public has far less tolerance for organizations, institutions or businesses covering up sexual misconduct with these agreements, she said. 

"While it's great to hear [Nova Scotia's] justice minister and the premier saying that they don't believe NDAs should be used like this, they need to put the money where their mouth is and actually act on it," Lund told CBC Radio's Information Morning on Wednesday.

The use of NDAs in cases of sexual violence and harassment has come under further scrutiny after it was revealed that Hockey Canada used the agreements to settle sexual assault allegations against some former Team Canada players. 

"Hockey Canada is not unique," Lund said. "They are just the most recent and public example of what is ubiquitous everywhere, and that's why I find the justice minister's comments so disappointing."

How it works in P.E.I.

Lund said unless the Nova Scotia government acts on this, "predators will stay in positions of power, and new and unsuspecting people in Nova Scotia will be exposed to them."

With P.E.I.'s new legislation in place, settlement cases of discrimination or harassment, including sexual misconduct, can only include a non-disclosure agreement if the person bringing forward the allegation wants it there.

If an NDA is requested, the person is entitled to legal advice and provided with a list of resources, such as police and mental health supports.

Lund said in many cases, people are given very little time to sign contracts they don't fully understand. 

This leads survivors of sexual violence to feel trapped, she said, worrying they could be sued if they speak up. For instance, Lund said she heard from one woman who was suicidal but scared to seek mental health support because she'd signed an NDA. 

"When you allow that kind of behaviour to be hidden behind non-disclosure agreements, it doesn't stop," she said. "In fact, it continues. People are emboldened. They feel empowered to continue misusing their power."

'A concern for all Nova Scotians'

This is what worries Kristina Fifield, a trauma therapist with the Avalon Sexual Assault Centre in Halifax, who said the minister's response this week "needs to be a concern for all Nova Scotians."

She's part of a global campaign called Can't Buy Our Silence that is working to eliminate the misuse of NDAs. People involved in the campaign have called on Nova Scotia to introduce legislation similar to P.E.I.

In the spring, the Nova Scotia NDP brought forward such legislation, but it failed to receive enough support from the PC government. At the time, Johns said his department was in the preliminary stages of looking into the issue.

Lund and Fifield say banning the misuse of NDAs is a matter of public safety. 

"This is why action is required now because these NDAs being used in this way are allowing violence to continue and more individuals being impacted and harmed," said Fifield.