Province advised not to tinker with NDA law

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This article was published 29/06/2023 (1160 days ago), so information in it may no longer be current.

Manitoba’s Liberal leader says predators will continue to be protected because the Manitoba Law Reform Commission has advised the government not to enact a law restricting the use of non-disclosure agreements in discrimination and harassment cases.

Dougald Lamont said the commission’s decision also means victims will continue to suffer in silence.

“Unfortunately, the report repeats many of the self-serving arguments made on the part of abusers for why NDAs are actually good for victims, or why they help settlements,” Lamont said on Thursday after the 101-page report was released.

“This report is beyond disappointing, but par for the course in a province where so many women and girls can’t get justice. When a predator, offender, or institution settles, the settlement is a fine for the harm that’s been done. It is not a payment for silence.”

The commission said Thursday it reviewed current and proposed legislation in other provinces and looked at feedback it received in response to a consultation paper.

The government has asked the commission to look into the issue after Lamont introduced private member’s bill 225 in April 2022. The bill died on the order paper, as did Bill 215, which was almost identical.

After the first bill was introduced, in June the Justice minister asked the commission to look into the issue of NDAs and whether current laws needed to be adjusted.

The commission said it was told there could be negative effects on both complainants and respondents, including an increase in lengthy and potentially contentious court hearings, and the possibility complainants might not get compensation unless they go to trial.

The commission said it “strongly recommends” the government retain the status quo.

“In particular, the commission is concerned that complainants in both serious and relatively routine disputes would be forced to pursue matters through an adjudicated hearing or court trial in order to obtain compensation,” the commission said in a statement to the Free Press.

In the event it decides to change the law, the commission made 25 recommendations in its report, including that legislation be expanded to include NDAs in abuse cases, and that legislation not be retroactive.

Lamont said that at a legislative committee meeting last November, presenters said NDAs have been used across the province and country to silence people.

“It is known that (accused sex predator) Peter Nygard used NDAs against his victims,” he said.

“They are routinely used to cover up abuse, sexual harassment and even sexual assaults.”

A spokesman for Manitoba Justice said it is reviewing the report.

kevin.rollason@freepress.mb.ca