Navigation
Follow us to discover the latest in the legal world.
November 17, 2021|Article
Written by Hammerco Lawyers

BC should follow the lead of PEI in considering a limit on non-disclosure agreements that hide the details of sexual assaults

“An NDA allows the abuser to buy a victim’s silence, and bury the consequences of their own actions”
– Morgyn Chandler, Hammerco

Vancouver, B.C. (November 9, 2021): A news report from Prince Edward Island says that province could become the first place in Canada where non-disclosure agreements could become limited in cases of sexual misconduct – following the lead of some U.S. states and other countries.

A private member’s bill limiting such NDAs in P.E.I. has only been introduced so far, but it shines a light on an ongoing situation in all Canadian jurisdictions, in which an abuser can seek an NDA as part of a settlement to prevent both abuser and victim from going public about their case.

“The abuser’s actions stay hidden, and the survivor is prohibited from being able to tell her story. That’s the unfortunate current state of things here in B.C. and everywhere else in Canada,” says Morgyn Chandler, Co-Managing Partner and head of the sexual assault practice group at Hammerco Lawyers LLP in Vancouver.

“It’s totally unbalanced and unfair. An NDA increases the likelihood of repeat assaults as perpetrators feel like they have ‘gotten away with it’ and can act again against new victims. Public transparency, however, prevents abusers from hiding their crimes and is the only way victims can be free to speak out against those who assault them and warn others.

“Our current system still seems to encourage this culture of protecting abusers and that needs to change,” Chandler adds. “The #MeToo movement shows we collectively want justice for victims, not actions that prevent them from speaking out about what happened to them,” Chandler adds.

More News & Resources

January 3, 2023

Join us in congratulating Alexia Majidi on becoming Hammerco Lawyers’ newest partner.

December 13, 2022

If you’ve been left out of a will, here’s what you need to know as a spouse. 

December 5, 2022

The Court of King’s Bench in Saskatchewan has ordered Daylan Heidel to pay his ex-partner $160,000, the largest sum ever awarded in a revenge porn case in Canada. Hammerco explains.

November 19, 2022

Hammerco Lawyers has partnered with a top American law firm to investigate allegations of sexual misconduct and abuse within the Southern Baptist Convention in the US and Canadian National Baptist Convention in Canada.