Opposition leaders renew call to ban NDAs in cases of sexualized violence

Jennifer Graves went to the Nova Scotia legislature on Tuesday to keep a promise.

A survivor of sexualized violence, Graves was on hand at Province House as legislation was again tabled that would ban the use of non-disclosure agreements to conceal violence, coercion, coercive control, harassment or discrimination.

The bill, tabled by the Liberals, would be retroactive, and grant an exception for survivors who chose to willingly sign an NDA following legal consultation.

That was not the case for Graves, who experienced sexualized violence while working at Dalhousie University. Although she was ultimately released from her NDA, allowing her to speak about her experience, her case remains before the courts.

Graves told reporters that she made a promise to herself to use her ability to speak to advocate for others who cannot.

“The reality is that every day in this province that this government chooses not to act on this issue, violence is being allowed to be perpetuated, there’s a lack of accountability and survivors are continuing to be stifled in their ability to bring forward complaints,” said Graves.

“And that is unacceptable for a government that says that they want to and are committed to combating violence in all its forms in this province.”

Looking for a federal approach

The Progressive Conservatives have repeatedly been pressed to make changes to the law since they came to power in 2021.

Justice Minister Scott Armstong said NDAs should not be used to silence survivors and he’s committed to finding a way to stop it.

But Armstrong said that before he considers going it alone he’d first like to see what his counterparts across the country have to say on the issue during meetings scheduled for this spring and see draft legislation expected this summer from the Unified Law Conference of Canada.

“Because NDAs often cross provincial boundaries, too, and I think this is something we should look at as a Canadian justice system initiative,” the minister told reporters.

“I’m going to push hard for it and we will see how far we get over the next few months.”

In the meantime, Armstrong said his message to survivors is not to sign anything without first seeking legal counsel. He noted that the province provides support for four free hours of legal advice in such cases.

Interim Liberal Leader Iain Rankin said it’s fine for Armstrong to push for a national approach, but there’s nothing stopping him from acting on behalf of Nova Scotia in the meantime.

“We can do both,” Rankin told reporters. “I think that happens a lot in our federation where provinces take initiatives and eventually the federal government would take it on.”

NDP Leader Claudia Chender, whose caucus has advanced multiple pieces of legislation aimed at striking down the use of NDAs in such circumstances, told reporters that there is no excuse for any further delay by the government.

“We know that NDAs enable perpetrators. So if people’s mistreatment and assault and harassment can be silenced, the perpetrators of that behaviour can continue to do it.”

Graves said the current supports in place in the province don’t go far enough.

“These agreements are signed under immense pressure, a lot of coercion and I think to say that just seeking legal advice somehow negates that is just not fair,” she said.

“It’s inaccurate and I think the government is aware of that. Lawyers are aware of that, too. They’re trying to act on the best interests of the clients. But victims need support.”

The Liberals also tabled bills that would amend the Labour Standards Code to create paid leave for employees who have experienced gender-based violence, and one that would create a review of the Victims Services system.

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