People silenced by non-disclosure agreements speak out at hearing for Manitoba Liberal bill

A victim of sexual harassment assigned to a job where a supporter of her alleged harasser became her boss.

An IT professional humiliated by years of anti-Indigenous racism from his supervisor.

A journalist who wonders if Peter Nygard's alleged abuses might have ended earlier if she could have reported the experiences of three women.

Those people were among more than a dozen who shared their stories Wednesday night at the Manitoba Legislature during a committee hearing for a Liberal bill to stop the use of non-disclosure agreements in cases of harassment and discrimination. 

The proposed legislation is similar to a bill that passed unanimously in Prince Edward Island earlier this year. A few days ago, Nova Scotia's premier said the use of these contracts is an "active, urgent situation" he wants to address.

Non-disclosure agreements have also been in the news lately in connection with the Hockey Canada scandal, and revelations that non-disclosure agreements were used in some settlements involving sexual assault allegations by players.

People silenced by non-disclosure agreements were given the opportunity to tell their stories in Manitoba Wednesday — some for the first time publicly — because they are granted parliamentary privilege to speak freely at committee.

Eighteen people spoke in favour of the Liberals' bill, including out-of-province supporters who say they've been harmed by non-disclosure agreements. 

"If you want to ensure that people can come forward … and not get told that they have to shut up and go away and be intimidated by that for the rest of their career, you have to pass this legislation," Julie Macfarlane told the committee from Windsor, Ont. 

She's the co-founder of Can't Buy My Silence, a campaign against the abuse of non-disclosure agreements.

Another presenter, Karen Koslowsky-Jones, said even though the man who sexually harassed her was let go from his employment, she spent years working at a Winnipeg union office "under the thumb" of colleagues who supported the alleged harasser.

She also felt silenced within her union, she said.

"I felt like I was a receiver in a football game, where I was tackled and the opposing team piled on."

NDAs give 'free rein to predators': Jan Wong

Marcel Williamson, a Winnipeg IT professional, said he hasn't received a payout from Shared Health because he refused to sign its non-disclosure agreement.

He wants his former employer to admit it didn't act when he made repeated complaints against a supervisor who disparaged Indigenous people like him.

Williamson said 13 staff knew about the supervisor's conduct, but that individual remains employed with the organization.

The provincial government's respectful workplace policy, announced in 2018, was supposed to be a "no wrong door approach," Williamson said. 

"However, I went through 13 doors and none were the right door."

Journalist Jan Wong, who was gagged with a non-disclosure agreement herself after her job with the Globe and Mail ended, said she was working on a story in the 1990s about three sexual harassment complaints against Peter Nygard, the now-disgraced Winnipeg fashion mogul facing numerous sexual assault and forcible confinement charges.

The three women were going to speak with Wong, until they signed non-disclosure agreements.

"Imagine a quarter-century ago if those three brave women who went to the Manitoba Human Rights Commission could have spoken freely to me," said Wong, who appeared at the hearing virtually from Toronto.

"This is the damage of NDAs. It gives free rein to predators. It creates more victims and more ruined lives."

Nygard, who has denied the allegations against him, has been in custody since he was arrested in Winnipeg in December 2020.

A gag order may also explain the mystery around the departure of the former dean of the University of Mantioba's law school, says a current professor there.

Jennifer Schulz said faculty were barred from speaking about the departure of Jonathan Black-Branch, who suddenly left his position as the dean of the faculty of law at the U of M in July 2020, after going on leave in May of that year.

The university did not provide an explanation for Black-Branch's departure, CBC News reported at the time.

The reason for his departure "might be information you'd want to know, but we don't know it, and the reason we don't know it is because the University of Manitoba central administration and its legal department told all of us at the law school that we weren't allowed to talk about it," Schulz said.

A U.K. law school announced in August 2020 it had hired Black-Branch, but said a week later that "due to a change of circumstances," he would not be taking up the position.

Schulz said she suspects the non-disclosure agreement prevented the U.K. school from being informed of the circumstances behind Black-Branch's departure from the U of M.

Other presenters included Susan MacRae, who is still forbidden from speaking about the sexual abuse her father allegedly inflicted, even though he has died, and Sherri Thomson, who was sued for publicly disclosing alleged abuse at the hands of her stepfather.

Bill unlikely to pass this fall

Under the Manitoba Liberals' proposed law, a non-disclosure agreement would only be enforceable under specific conditions, including that it's the desire of the complainant.

The law would also require that the complainant received legal advice and was not unduly influenced to enter the agreement.

As well, it would only allow an NDA if it does not affect the public interest, there is a process for the complainant to waive their own confidentiality, and the agreement has a set duration.

The bill, however, doesn't seem likely to pass. Thursday is the last day of the current legislative session and any outstanding bills will have to be reintroduced in the next session, which will open on Nov. 15.

Government House leader Kelvin Goertzen said in question period on Wednesday the bill deals with a "serious issue," so he's asked the Manitoba Law Reform Commission to study it. He expects the commission to present recommendations in the new year.

Liberal Leader Dougald Lamont said he felt the commission's involvement isn't required and hopes the Progressive Conservative government, which has a majority in the legislature, will pass it anyway.

"There's no public interest in silencing the people the way they're being silenced with NDAs — none whatsoever," Lamont said. 

"It's against the public interest, it's against justice and frankly, it protects predators."