Hockey Canada scandal shows the need to ban non-disclosure agreements, advocates say
CBC
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 about the incidents secret.
Non-disclosure agreements can prohibit sexual assault complainants from speaking publicly about their allegations in exchange for a settlement.
University of Windsor law professor Julie Macfarlane has helped provinces draft legislation to prevent the abuse of non-disclosure agreements (NDAs). She's now advocating for the federal government to do the same.
"The Hockey Canada story has illustrated the pervasiveness and the ubiquity of non-disclosure agreements in just pushing everything back under the rug again," said Macfarlane who is the co-founder of a campaign called "Can't Buy My Silence."
"There's no identification of the perpetrator and no consequences that are known. This gives them permission to continue to behave in the same way."
Before Hockey Canada put a new spotlight on the issue, P.E.I. became the first province in May to limit the use of NDAs involving discrimination and harassment allegations including sexual misconduct. NDAs can now only be imposed in these cases in P.E.I. if a complainant wants one.
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.
Amid the movement to regulate NDAs, the federal labour minister's office said it's engaging with stakeholders, but there are currently no plans to change the law.
The Minister of Sport, Pascale St-Onge, has said spoken out against NDAs and said a review into funding for sports organizations will examine the issue.
WATCH | Woman at centre of Hockey Canada lawsuit breaks silence
Hockey Canada is the latest organization to come under fire for its use of NDAs to settle some sexual assault allegations.
The hockey organization recently released a woman from her confidentiality agreement, a day ahead of a parliamentary committee where MPs grilled Hockey Canada's executives about its handling of the case.
The woman had filed a $3.5 million lawsuit in April alleging she was sexually assaulted in 2018 by eight Canadian Hockey League players including members of the World Junior team.
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.
