There are growing calls to outlaw non-disclosure agreements across the country as Hockey Canada and other sports organizations reel from sexual assault scandals, including some that led to multi-million dollar payouts to keep details secret.
Manitoba and Nova Scotia introduced similar bills this year. Senator Marilou McPhedran said she also plans to table a federal bill in the Senate next month.
As part of the settlement, the woman signed an agreement prohibiting her from talking about the allegations. But the agreement allowed her to communicate her wishes to stay out of the public debate, her lawyer Rob Talach told CBC News on Tuesday.Talach said his client's case has sparked an "important discussion" about NDAs in Canada, but he's concerned a full ban on NDAs could limit some victims' options during negotiations.
"If the parties can't convince the judge that the NDA is fair and mutually agreed upon, then it doesn't happen," he said.Toronto-based lawyer Howard Levitt says he's negotiated hundreds of NDAs for various issues and that employers or companies would unlikely provide adequate settlements without them.
"When organizations have the ability to silence people, to gag people, they will always choose to protect their reputation over protecting the general public," said Lund.
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