Update
On April 24, 2024, the Attorney General responded to the submission.
Niki Sharma, KC agreed with CBABC that the misuse of NDAs to silence survivors of harassment, abuse and discrimination is not appropriate.
She noted the government is monitoring legislative developments in other jurisdictions, reviewing information from the ‘Can’t Buy My Silence’ campaign and participating in an expert working group on this issue to determine if legislative changes should be made in B.C.
They invited further contribution from CBABC on the matter, including educating members on the use of NDAs.
On April 3, CBABC sent a letter to Attorney General Niki Sharma, KC urging the regulation of non-disclosure agreements in B.C.
CBABC is concerned about the widespread misuse of NDAs, which can silence survivors of harassment or discrimination, and whistleblowers. We call on the B.C. government to introduce legislation that prohibits NDAs related to claims of harassment or discrimination so survivors can speak out.
The letter notes that over 20 U.S. states and European jurisdictions have adopted laws curtailing the misuse of NDAs. Here in Canada, Prince Edward Island recently passed such a law, and several other provincial governments are considering taking the same step.
Questions? Email us at advocacy@cbabc.org