Advocates push B.C. to restrict NDAs in abuse and harassment cases

B.C.'s Community Legal Assistance Society wants the government to ban the use of non-disclosure agreements in sexual assault, harassment, and abuse cases, releasing a new report Monday that documents how NDAs are being used to protect perpetrators and silence survivors.

For several years, legal advocates have pressed the provincial government for new rules. In 2024, the Canadian Bar Association's B.C. Division sent Attorney General Niki Sharma a letter urging changes. Sharma said at the time that B.C. was monitoring other jurisdictions while participating in a working group on the subject.

But the B.C. government withdrew from that Uniform Law Conference of Canada working group. The issue gained renewed attention after a highly publicized incident involving allegations of sexual assault against a Vancouver Symphony Orchestra employee, when the accuser broke her NDA to speak out publicly—forcing the organization to back down in the face of public outrage.

Jennifer Khor, a supervising lawyer at the Community Legal Assistance Society and project manager for the new report, said her organization has seen a sharp increase in people asking for help after signing NDAs that now restrict their ability to discuss their experience. Some agreements prevent survivors from telling family members, friends, or even therapists about what happened. Others prevent them from explaining employment gaps to future employers.

"The purpose is definitely often to protect their reputation and the reputation of the person who did the harassment, the perpetrator," Khor said, noting the person accused is usually someone in a position of power.

The Ministry of Attorney General said Tuesday it is "actively engaging with survivors, the organizations supporting them, legal experts, and Indigenous partners" and expects to share an update on this work in fall 2026. Khor's organization argues legislative change is both urgent and cost-free.