Lawyers across Canada to hold vote on abuse of non-disclosure agreements
CBC
Lawyers across Canada are set to vote on a resolution that could help stop the use of non-disclosure agreements, or NDAs, in cases of abuse, harassment and discrimination.
A press release from the Can't Buy My Silence campaign states the resolution seeks to prevent the misuse of NDAs, and promote a culture of transparency and accountability within organizations. The vote will take place at the Canadian Bar Association's annual general meeting on Thursday.
NDAs were initially used in workplaces to protect trade secrets, but have become a tool for silencing victims and protecting perpetrators, says Can't Buy My Silence.
"They've become much more pervasive and almost like a boilerplate clause in a lot of agreements," says Vancouver lawyer Jo-Anne Stark, who put forward the motion.
Stark says NDAs might prevent people from getting help from therapists or speaking to family and friends about their experiences.
"So what it really does, in the instance of the person signing the NDA who's been victimized, is that they often feel re-victimized," she said.
Stark says NDAs can protect perpetrators, leaving employers in the dark about an employee's past actions elsewhere, allowing them to carry on their harmful behaviour.
"It creates, in the end, almost a toxic work environment," she said.
According to Can't Buy My Silence, the resolution says the Canadian Bar Association will promote the fair and proper use of NDAs as a way to protect intellectual property, "and discourage their use to silence victims and whistleblowers who report experiences of abuse, discrimination and harassment in Canada."
Stark says the association will advocate and lobby for legislation and policies relating to NDAs at the federal, provincial and territorial levels.
"It's up to the legal profession to understand the impact of these agreements so the negative effects are minimized," Stark added.
Julie Macfarlane, a professor emerita in the law department at the University of Windsor and co-founder of Can't Buy My Silence, says non-disclosure agreements should not exist in situations where there have been allegations of sexual misconduct, harassment, discrimination, and other forms of injustice.
"All kinds of things today are being hidden in non-disclosure agreements which are not trade secrets," she said. "They're just bad things that one of those two parties doesn't want the public to know about."
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