Back to school and back to advocacy

For years, I was part of the Can’t Buy My Silence (CBMS) movement in Canada. If you’re unfamiliar with the issue of abusive NDAs, you can read more here, here, and here. And if you’re curious why I left CBMS, I’ve explained that here.

But walking away from that group didn’t mean walking away from the cause. Quite the opposite. This fall and winter, I’m doubling down on advocacy work here in Nova Scotia and across Canada.

The fight to ban NDAs doesn’t belong to one group or one leader—it belongs to every survivor who has been silenced by perpetrators, institutions, and the legal system itself.

Nova Scotia’s Never Ending Excuses

Here in Nova Scotia, the government continues to block legislation banning abusive NDAs. Premier Tim Houston even claims he has spoken to survivors who feel “protected” by them.

Let’s be clear: if those survivors actually told him that, they already broke their NDA. The irony of this statement is not lost on most of us.

(Pssssst Tim, Liz here. Since you won’t meet with me in person, I just wanted to let you know that every single time you say this you’re confirming to us that someone has illegally broken their NDA with you. It’s not the smartest move.)

Yes, some victims sign NDAs thinking it protects their privacy. But the vast majority only want to talk to counsellors, doctors, or people they trust, without the threat of legal action or losing their settlements. They aren’t demanding front-page exposure of abusers, they just want the ability to heal.

That’s why it’s infuriating to hear the government call their lack of action around this issue trauma-informed.

Let me make this abundantly clear – that is not care, it’s the worst form of gaslighting.

When “WTF” Feels All Too Familiar

Recently, I came across a short video called “Wait, That’s Fair? (WTF)”, produced by the U.S. group We Ride Together. The video captures the way institutions dismiss survivors: “If I didn’t experience it, you must be lying.”

That happens every single time advocates here push for regulation around NDAs. Government and defenders of the status quo repeat the same lines:

“This is for your protection.”
“There’s nothing we can do.”
“Be patient…change takes time.”

It’s gaslighting by institutions. And frankly, I’ve had enough.

Meanwhile, the UK is moving forward

While Nova Scotia continues to drag its feet, the UK is about to pass the strongest NDA legislation in the world.

My friend and mentor, Zelda Perkins and her team have worked tirelessly to get this bill across the line.

The amendment to employment legislation will:

Ban NDAs in cases of misconduct
Ban non-disparagement clauses.
Retroactively void abusive agreements.

The best part? The non-disparagement clauses and the retroactivity weren’t even our idea. It seems members of the UK government finally recognized that these scare tactics needed to be regulated. Sadly, it took scandals like the British Post Office/Horizon case—where, I should note, an estimated 13 people died by suicide—for this change to come about. No one should have to die before legislation is enacted.

This is a huge milestone, for years, we’ve heard empty promises from governments whilst victims have continued to be silenced, to see this Government accept the need for nationwide legal change shows that they have listened and understood the abuse of power taking place. This is not over yet and we will continue to focus closely on this to ensure the regulations are watertight and no one can be forced into silence again. If what is promised at this stage becomes reality, then the UK will be leading the world in protecting not only workers but the integrity of the law.” – Zelda Perkins

Meanwhile, here in Canada, the Uniform Law Conference of Canada (ULCC) has been quietly studying the NDA issue for years. The latest conference just took place in Halifax, Nova Scotia at the end of August. I have a great deal of respect for those working on this issue and I sincerely hope that recommendations to enact legislation across Canada come soon. Every day we delay, another survivor is silenced by a contract that protects predators and abusive workplaces.

Let’s be clear, before the next sitting of the legislature happens, that we have debunked the following myths about the use of NDAs:

NDAs do not secure better compensation.
NDAs are not trauma-informed.
NDAs protect perpetrators and institutions—not survivors.

So why are we still hearing politicians repeat this nonsense on record?

Because the system is designed to protect itself. Just look at what local law firm (and one of the big five in Atlantic Canada) Stuart McKelvey wrote recently around legislating NDAs:

“The contents of the NDA can further be tailored to the circumstances, such as carving out an exception which permits complainants of workplace misconduct to disclose the incident(s) to their therapist or doctor for treatment purposes.”

Can be? Maybe? The fact that one of our largest law firms in the region notes that NDAs can be tailored to some circumstances is appalling.

NDAs should NEVER prohibit an individual from accessing a therapist or a doctor.
NDAs should not prohibit people from accessing the police – but they have.
NDAs should not be “tailored” to meet the needs of survivors and victims – that implies that they are already problematic.

Gaslighting survivors and advocates into believing this legal jargon means something more than ensuring legal firms are well-compensated by their corporate clients is frankly, insulting.

And to the readers of The Coast, I would really encourage you to ask your employers what their policy on NDAs are. You might be shocked to find out that you signed an NDA and non-disparagement in your own employment contract.

A reminder to our politicians

So, as the Nova Scotia Legislature resumes this fall—and as governments across Canada return to work—I want to remind our elected officials: you work for us.

Not your party leader.
Not corporations and lobbyists.
Not your wealthy donors.
Not the law firms.

You work for us. Your constituents.

And on that note, I would personally like to remind my member of the legislature, Minister Tim Halman, that refusing to meet with me year-after-year is not only negligent, it is outright shameful.

As per my last email to you:

Minister Halman,

I have written numerous emails and called your office many times, only to receive cut-and-paste responses from your team. I feel for them, truly. When you entered politics, I imagine you did so with the best intentions. Many who work with you speak highly of your character and leadership as Minister of Environment. This is why I continue to be so disappointed in your lack of response to my requests for a meeting.

I have lived in your riding since 2015. My stepsons attend school here. I work from home as a sole proprietor. As a constituent, I am asking you to meet with me to discuss why your government will not pass legislation banning the misuse of non-disclosure agreements. I want to understand your opposition, as it seems illogical and harmful—especially to women.

I know you have four daughters. I know you want them to grow up in a world where they can live and work with dignity and respect. That is what I want for them, and for all women in Nova Scotia. If you would meet with me, I believe you would see that we are not so far apart.

My persistence comes from urgency. Every day this legislation remains stalled, I meet another woman who has been sexually harassed at work. Another person who has suffered racial discrimination. Another individual who could have been warned about predatory behavior but wasn’t. The delay is not neutral—it has real consequences.

I am asking you one more time to meet with me. I would like to discuss the legislation and address the misconception that keeping NDAs in place is “trauma-informed.” We need leadership that prioritizes the well-being of constituents over party politics. This issue is bigger than both of us—it is about the future we leave for our children.

I look forward to your response.

His response? Another refusal to meet with me in person.

I am not sure if Minister Halman remembers that he works for all of us, not just sycophants and the like-minded. Being a popular Minister is not the same as being an effective one. If being questioned by people whose ideas differ from yours is a threat, then you’re in the wrong line of work.

So, until you all start acting like it, I will keep writing pieces like this, to remind you.

Your silence is complicity in the perpetuation of violence.

Liz LeClair is a gender-based violence advocate and activist based in Punamu’kwati’jk (Dartmouth, Nova Scotia).