Prohibit Non-Disclosure Agreements in Sexual Assault Cases Across Canada

Prohibit Non-Disclosure Agreements in Sexual Assault Cases Across Canada

Started
November 7, 2023
Signatures: 22,779Next Goal: 25,000
103 people signed this week

Why this petition matters

Started by Joanne Franklin

Français

As a survivor of sexual assault, I have witnessed the harm that Non-Disclosure Agreements (NDAs) can cause. These NDAs often serve to silence victims, perpetuating a culture of secrecy and shame around sexual assault. This is why I am calling for the prohibition of NDAs in cases related to sexual assault across all provinces and territories in Canada.

Despite there being no legal NDAs that prevent claimants from reporting sexual offences in Canada, they still exist informally or under different guises. They are used as tools by perpetrators and institutions to protect their reputation at the expense of survivors' rights to justice.

The Supreme Court's decision to uphold the Criminal Code's mandatory ban on victim identity has never been challenged, ensuring complainants' right to remain anonymous. However, this does not negate the fact that NDAs can create an environment where victims feel pressured into silence.

According to Statistics Canada (2018), only 5% of sexual assaults were reported to police - a figure largely attributed to fears surrounding stigma and retaliation. This statistic underscores how essential it is for us not just to protect survivors' anonymity but also to ensure they do not feel silenced by mechanisms such as NDAs.

Our provincial governments are failing all survivors by not banning NDAs, but perhaps the decision should be taken away from them and be federally mandated instead. Hocky Canada, Canadian Armed Forces and RCMP, to name a few organizations, benefit from Federal funding. This is financed through our tax dollars and the organizations and institutions must operate under stringent guidelines, in order to continue to receive funding. The Federal Government briefly withheld funding from Hockey Canada and only resumed it under certain conditions, such as tackling issues regarding toxic behaviours, trivialization of sexual violence, and a culture of silence. If the Federal Government can withhold funding as a means of reprimand, then enforcing NDAs nationally should be the next logical step.

The harm of NDAs is currently being demonstrated by Hockey Canada. Six years after the incident in 2018, a victim has found the courage to speak. This survivor signed an NDA, silencing her and leaving her isolated for years. She gets to watch these hockey players enjoy successful careers on TV, victimizing her over and over again, while she is forced to conceal her fear, guilt and shame, even though she has done nothing wrong. The hockey players involved have been allowed to carry on without fear of facing prosecution or justice, and all of it has been done on the Canadian taxpayers dime. This is unconscionable. E.M. made the decision to continue pursuing justice and tell her story on her own terms. This incredibly courageous young woman should not have had to overcome so many obstacles on her healing journey.

We must stand together against these harmful practices that continue despite our legal safeguards. By signing this petition, you are supporting survivors like me who believe in creating an environment where justice is accessible for all victims of sexual assault without fear or intimidation from any form of agreements or contracts. Please sign this petition today.

103 people signed this week
Signatures: 22,779Next Goal: 25,000
103 people signed this week
Share this petition in person or use the QR code for your own material.Download QR Code