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.
Non-disclosure agreements should no longer be used as a tool to silence those who come forward after experiencing abuse, harassment and discrimination, Canadian lawyers agreed in a resolution passed Thursday.
"NDAs have become a default in settlement agreements for the last decade, and this shows that a rethink is taking place," said Julie Macfarlane, a professor emerita in the law department at the University of Windsor and co-founder of the Can't Buy My Silence campaign. They can also prevent survivors from speaking with family, friends and therapists about their experiences. Employers can be left in the dark about an employee's past actions at previous jobs, allowing them to carry on their harmful behaviour.
With the vote, the bar association committed to discourage the use of NDAs to silence victims and whistleblowers who come forward to report abuse, harassment and discrimination. "NDAs have become a default in settlement agreements for the last decade, and this shows that a rethink is taking place," said Julie Macfarlane, a professor emerita in the law department at the University of Windsor.Macfarlane, the law professor, said non-disclosure agreements should not exist in situations where there have been allegations of sexual misconduct, harassment, discrimination and other forms of injustice.
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