N.S. won’t ban NDAs in sexual assault cases, despite growing online petition

There are growing calls for Nova Scotia to ban non-disclosure agreements in sexual assault cases — a move the province has resisted.

This comes as a petition to ban non-disclosure agreements (NDAs) totals nearly 15,000 signatures.

Joanne Franklin especially wants the province to reconsider. As a sexual assault survivor, she knows how important it is for survivors to have a voice.

“I kept my mouth shut. I knew that if I spoke up, I would likely end my career,” said Franklin.

But she says she’s now sharing her truth with one goal in mind: to get NDAs in sexual assault cases banned not only in Nova Scotia, but across the country.

Her advocacy about the issue stems from her own experience with sexual assault, which happened during her first deployment as a sailor with the Royal Canadian Navy in the 1990s.

“I was repeatedly assaulted, while we were at sea, until we all went to different ships,” she said. “But I buried it. Soldier on. Suck it up. And ‘soldier on’ is what we’re taught.”

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Although she did not have to sign an NDA in her case, Franklin argues the agreements are used to silence victims and protect institutions.

In April 2022, the NDP introduced a bill restricting NDAs for harassment cases. 

Despite the online petition, Nova Scotia Justice Minister Brad Johns reiterated Thursday the province would not be banning NDAs.

“We have met with some groups and some individuals both for and against, looking at restrictions but right now we’re not making any changes,” said Johns.

Prince Edward Island is the first and only province to pass legislation limiting how the agreements can be used. When asked what Nova Scotia would need in order to make that change, Johns answered he “can’t say.”

Julie Macfarlane, a co-founder of the advocacy group Can’t Buy My Silence, says it’s a bad look for the province.

“It’s going to start making provinces who haven’t done this look like outliers. And I think since Nova Scotia was one of the very first to be asked for the bill to be tabled, they’re going to look especially obdurate because they have had a lot of opportunity in the last two years,” said Macfarlane. “If they don’t want to pass it, explain to us, why not?”

Meanwhile, Franklin says she won’t stop fighting for an end to NDAs.

“These organizations and institutions created this community of survivors, and now it’s time for them to pay the piper,” she said.

1:58 Calls growing to ban NDAs in Nova Scotia sexual assault cases

— with files from Rebecca Lau