Advocates Push Nova Scotia to Restrict Non-Disclosure Agreements in Gender-Based Violence Cases
Advocates are urging the Nova Scotia government to pass legislation restricting non-disclosure agreements in cases of gender-based violence and harassment. While Justice Minister Scott Armstrong favors a national approach, other provinces like P.E.I. and New Brunswick have already moved to limit NDAs.
Advocates in Nova Scotia are calling on the provincial government to enact legislation restricting the use of non-disclosure agreements (NDAs) in cases involving gender-based violence and harassment, arguing that current practices silence survivors. While the Nova Scotia government has expressed a preference for a national approach to reform rather than immediate provincial legislation, no specific commitments have been made.
Julie Macfarlane, co-founder of Can’t Buy My Silence, stated that NDAs were originally designed to protect trade secrets but are now used to ban victims or survivors from speaking about their experiences. Kristina Fifield, an advocate and therapist who has spent six years pushing for NDA changes, reported that survivors are often pressured into signing NDAs under the belief it is required for privacy, settlement, or closure. Many fear retaliation or loss of livelihood if they refuse.
According to advocates, NDAs can restrict survivors from discussing their experiences with friends, family, and even therapists, which contradicts standard advice for trauma recovery. The impacts of these agreements include potential isolation, increased trauma, and fear of violating the terms. Advocates also warn that delays in legislative action contribute to a culture where abuse and harassment go unchecked, while inconsistent provincial laws create complexity for survivors without legal knowledge.
Other Canadian provinces have already taken steps to address the issue. P.E.I. has restricted the use of NDAs in harassment and discrimination cases since 2022, and New Brunswick recently introduced a bill to restrict their use in cases including abuse and intimate partner violence.
Nova Scotia Justice Minister Scott Armstrong stated his intention to raise the issue of NDA reform at a federal-provincial-territorial meeting in December, though this plan is not confirmed. Armstrong believes a national approach is better because some businesses operate across multiple provinces, requiring consistent regulations.
While there is potential for legislation to be introduced in the spring sitting of the Nova Scotia legislature, the government has not committed to any provincial bills. This leaves advocates demanding immediate provincial legislation prohibiting NDAs in sexual misconduct cases in conflict with a justice minister who prefers a coordinated national strategy.