McGill Law Journal

Volume 66No1

current issue
September 2020
Special Section
  • p. 1

McGill Companion to Law

Special Section by Under the direction of / sous la direction de Alexandra Popovici and Lionel Smith

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Contracts of Silence: How NDAs can silence victims and cover up wrongdoing

Posted on
15 Sep 2021

Traditionally used to protect trade secrets and proprietary information, non-disclosure agreements are now regularly found in employment contracts and settlement agreements of all kinds. But these agreements can also operate as oppressive contracts of silence – particularly when invoked to prevent victims of discrimination, harassment, or abuse from speaking out about their experiences. In this episode, we talk to Dr. Julie Macfarlane about the questionable legality of non-disclosure agreements, and how legislative reform could restrict their ability to perpetuate harm.

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