British Columbia is facing criticism for its failure to enact legislation that would restrict the use of non-disclosure agreements in cases of sexual misconduct and abuse, a move that advocates say unfairly burdens victims.
Advocates Push for Change as B.C. Holds Back
Despite a growing push across North America to limit so-called NDAs, the B.C. government has not joined other provinces and U.S. states in passing restrictive laws. Lawyer Jennifer Khor, part of a group drafting model legislation, expressed disappointment at the province's inaction. "We have been advocating for this for some time," said Khor.
The issue gained prominence following the case of Vancouver Symphony Orchestra musician Esther Hwang. She recently disclosed that she was compelled to sign a confidentiality agreement as part of settling a sexual-assault complaint against a senior orchestra member. Although the VSO initially threatened legal action against Hwang for speaking out, it later reversed course, stating it would not pursue further action and would cease using such agreements in future sexual misconduct cases.
The Burden Shifted to Victims
Khor and other supporters argue that by not acting, the provincial government has placed the onus on victims to oppose these silencing agreements. They contend this allows offenders to move to new employment opportunities without disclosure of their past actions, potentially putting others at risk.
Former Green party leader Sonia Furstenau twice attempted to pass private member's bills to limit NDAs in out-of-court settlements for sexual misconduct and abuse. She designed her bills "explicitly" to prevent scenarios like the one Hwang faced. "In that case, the victim had to be put in an uncomfortable position," Furstenau said, emphasizing that the goal of restricting NDAs is to avoid placing victims in such difficult situations.
NDAs typically prevent a victim from taking an abuser to court, usually in exchange for a financial settlement. Critics highlight the additional damage these agreements can cause, as they often forbid victims from discussing their experiences with friends, family, or therapists.
Government Response and Future Considerations
Attorney General Niki Sharma declined to comment directly on the matter. However, her ministry provided a statement acknowledging that while NDAs "can be used properly in ways that benefit victims," they "can also be misused, particularly when a survivor feels they have no choice to enter into one."
The statement confirmed the government is "considering legislative options" and monitoring actions in other jurisdictions. It also noted the province is looking into developing guidelines for universities and colleges on the use of NDAs in cases of sexual and gender-based violence.
As of January 2026, the lack of legislation in B.C. stands in contrast to movements elsewhere, leaving advocates and victims to continue their push for legal reform that would shift the power dynamic away from silence and toward accountability.
