N.S. Justice Department examining restrictions on use of non-disclosure agreements

Nova Scotia's justice minister said officials in his department are taking a preliminary look at potentially limiting the use of non-disclosure agreements in instances of discrimination and harassment.

Brad Johns told reporters Friday at Province House that his office received a request to do so from Julie Macfarlane, an Ontario-based lawyer and advocate against the use of NDAs in cases of sexual harassment, racism and other wrongdoing.

The minister said he's aware of similar legislation recently adopted by the P.E.I. Legislature.

"It was never a legislative tool that was meant to be used for what it's being used for," said Johns, who was speaking in generalities.

"I think it was meant more for copyrights and trade secrets, but 90 per cent of the time now I think it's being used in trying to resolve sexual assault cases and other things."

NDP proposes all-party approach

Things are at a very preliminary level and the minister said he does not know how prevalent the problem is in Nova Scotia, although he said it is happening. He's awaiting more information from department officials.

NDP House leader Claudia Chender said it's good that Johns and officials in his department are looking at the issue.

Chender said her party would table a similar bill during this sitting of the legislature. She said she'd welcome the chance for all-party input similar to what happened with the P.E.I. legislation, which originated with the Official Opposition Green Party.

"We don't care who owns the bill, but we want to make sure it's done right," said Chender. "We are just looking to kind of be with best practices."

The bill in P.E.I. only allows two parties to enter into an NDA in cases of harassment and discrimination if the move is supported by the person who made the allegation. 

CBC News reported in December that the University of P.E.I. used NDAs to silence allegations of sexual harassment on campus.

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