Read Background

1. Title of Resolution:

Principles to Prevent Misuse of Non-Disclosure Agreements in Cases of Abuse and Harassment

2. Estimated cost of implementation to CBA:

(Including the amount of any increase in budget requirements, any potential savings, and the amount of staff time to implement the resolution) Note: National Office staff can assist in calculating implementation cost.

Modest advocacy initiatives can be undertaken in current budget. Depends on scope of project anticipated under implementation calendar.

3. Contact person who can assist the Board of Directors to implement the Resolution:

Name: Jo-Anne Stark
Firm name: Stark Solutions
Telephone: 604-653-7878

4. Implementation Calendar

(List steps to be taken by the CBA to implement the Resolution and suggested dates for completion of each step)

Spring 2023: Build awareness of the resolution and issue through CBA National and Branch publications. Presentations to CBA national and branch groups, as interested.

2023: CBA and its Branches to engage in advocacy or law reform initiatives (letters to federal, provincial and territorial governments to make then aware of resolution and proposed changes)

Ongoing: possible follow-up submissions for presentation to government officials (recently underway or completed in Manitoba, NS, BC), if interest is shown by members.

5. Indicator of Success

(The practical result which, if achieved, will show that the Resolution has been successfully implemented by the CBA.)

Members will become aware of adverse impact of misuse of NDAs and consider implications to those who may have suffered from harassment and abuse.

6. Any information not appearing on the face of the Resolution to inform the deliberations:

(Attach or link to any background papers or other documentation in addition to this form which should be submitted to the Annual Meeting with the Resolution. Attach or link to documentation in both French and English, where it exists in both official languages.)

Can’t Buy My Silence is the website of founders of this initiative

CBMS Organizational Allies in Canada:

  • National Association of Women and the Law
  • SHARPP Workplaces
  • Canadian Institute of Workplace Bullying
  • Barbara Schlifer Clinic, Toronto
  • Women at the Centre
  • Women’s Legal Education and Action Fund (LEAF)
  • West Coast LEAF
  • Avalon Sexual Assault Centre
  • Canadian Women’s Federation

See attached CBMS Fact Sheet October 2022 (up to date statistics and other data on NDAs)

7. (i) Person moving Resolution:

Will be present at Annual Meeting: Yes ☒ | No ☐

Name: Jo-Anne Stark
Firm name: Stark Solutions
Telephone: 604-653-7878

7. (ii) Person seconding Resolution:

Will be present at Annual Meeting: Yes ☒ | No ☐

Name: Scott Morishita
Firm name: Rice Harbut Elliott LLP
Telephone: 604-682-3771

7. (iii) Branch, Section, Committee or Subcommittee sponsoring resolution, if any:

Resolution supported by CBA Access to Justice Subcommittee; CBABC Social Justice Section

8. Branches, Sections, Committees or Subcommittees directly affected by implementation of this resolution:

Access to Justice Subcommittee, CBABC Social Justice Section, Constitutional and Human Rights Section, Labour and Employment Section