The Native Women’s Association of Canada (NWAC) is advocating for the elimination of non-disclosure agreements (NDAs) that are commonly used to conceal instances of misconduct. A resolution to put an end to this practice was put forth by the Amautiit Nunavut Inuit Women’s Association during the NWAC’s annual general assembly held over the weekend.
Tara Qunngaataq Tootoo Fotheringham, the president of Amautiit, revealed that the resolution stemmed from numerous women sharing their encounters with NDAs. Fotheringham highlighted how some organizations have misused NDAs as a form of “hush money” to silence individuals who have reported incidents of sexual misconduct or other forms of abuse within their workplace.
Notably, the NWAC emphasized that the resolution sheds light on the unequal power dynamics that individuals, particularly Indigenous women, face when dealing with entities possessing greater legal resources. The NWAC expressed concerns that Indigenous women encounter additional challenges due to misogyny, anti-Indigenous racism, and colonial structures.
NWAC President Josie Nepinak stressed the importance of ensuring the safety and empowerment of Indigenous women in various environments, encouraging them to speak out against any wrongdoing without fear.
Moving forward, the NWAC intends to establish an internal policy that prohibits the use of NDAs or confidentiality clauses to conceal allegations or findings of misconduct. Nepinak acknowledged that NDAs were previously utilized within the NWAC to hide misconduct, but the organization is committed to transparency and accountability moving forward.
While there have been calls to restrict confidentiality agreements linked to misconduct cover-ups, both NWAC and Amautiit clarified that the resolution does not seek to entirely abolish NDAs, recognizing their legitimate role in safeguarding personal privacy and cultural knowledge. Nepinak emphasized that any reforms should prioritize the survivor’s well-being and autonomy.
Looking ahead, both organizations plan to advocate for similar legislation at federal, territorial, and provincial levels. Fotheringham disclosed intentions to engage with Gwen Healey Akearok, Nunavut’s minister responsible for the status of women, to discuss potential legislative measures.
Additionally, Amautiit is exploring the development of a legislative framework that could be presented to the Nunavut Legislative Assembly. Fotheringham underscored the urgency of this initiative to ensure prompt action and collaboration with women to refine the language of future NDAs.