Inuit organization aims to end the use of NDAs to conceal misconduct
By Liam Baker
Amautiit Nunavut Inuit Women’s Association brought forth a resolution to end the practice over the weekend
The Native Women’s Association of Canada (NWAC) wants to eliminate the use of non-disclosure agreements (NDAs) to conceal cases of misconduct.
A resolution to end the practice was proposed by the Amautiit Nunavut Inuit Women’s Association at the NWAC’s annual general assembly on Saturday.
Amautiit’s president, Tara Qunngaataq Tootoo Fotheringham, says the resolution came about after several women approached the organization with past experiences dealing with NDAs.
“What we discovered in the last 10 months was that some organizations were using NDAs as a mechanism for hush money,” Fotheringham told CBC.
“[In some cases] somebody might get a certain remuneration when they’ve come forward with any kind of sexual misconduct or any other kind of inner abuse from the organization they’re working for.”
Fotheringham added not all of the women who approached Amautiit live in Nunavut, and that the organizations they were employed by include those in various industries, and at least one Inuit organization.
Shining a light on power imbalances
In a release, the NWAC says the resolution shines a light on significant power imbalances faced by individuals negotiating with employers, institutions or other parties with greater legal resources. NWAC adds that for Indigenous women in particular, the issues are further compounded by misogyny, anti-Indigenous racism and colonial systems.
“We want Indigenous women to be safe wherever they are, whether it’s in an institutional environment, a workplace environment,” said NWAC president Josie Nepinak. “And we want them to empower voice where they will not be afraid to speak about wrongdoings.”
The NWAC says it will now develop an internal policy to prohibit its members from using NDAs or confidentiality clauses to hide allegations or findings of misconduct, which will be adopted over the next year. Nepinak admits that, in the past, NDAs have been used to conceal misconduct within the NWAC itself.
The organization will report its progress on the implementation of this policy at next year’s general assembly.
Not meant to eliminate NDAs entirely
Despite calls for the restriction of confidentiality agreements for the purpose of covering up misconduct, both the NWAC and Fotheringham say the resolution does not aim to end the use of NDAs for legitimate reasons, like protecting personal privacy and cultural knowledge.
“The reform that must be centred on the survivor,” Nepinak said. “Nothing in the resolution is intended to prevent an individual who has experienced misconduct from choosing confidentiality for their own safety, their privacy, their dignity or autonomy.”
Both the NWAC and Amautiit say they will begin advocating to have similar legislation passed by federal, territorial and provincial governments. Fotheringham says she aims to discuss the matter with Gwen Healey Akearok, Nunavut’s minister responsible for the status of women, in the near future.
The Amautiit president adds that the organization is looking to draft a legislative document that could be passed by the Nunavut Legislative Assembly.
“We do know that if we ask for legislation to be drafted, sometimes it could take years. We don’t want to wait another month,” Fotheringham said. “So our goal now is to try to work around creating the legislative document as well as we want to be able to speak with other women about what language should be placed into future NDAs.”
Write to Eilís Quinn at eilis.quinn(at)cbc.ca
Related stories from around the North:
Canada: For the first time, Yukon’s Legislative Assembly will have more women than men, CBC News
Finland: Finland’s shortest life expectancy for women in Lapland, Yle News
Greenland: Visibility isn’t enough, Arctic Indigenous women say authority must follow, Eye on the Arctic
Sweden: Estrogen shortage sends women in northern Sweden to Finland, Radio Sweden
United States: Missing and Murdered Indigenous Women awareness week observed in the U.S., Eye on the Arctic
