Story 57

27th July 2021

Since it’s been asked through your process to share my story without any identifying details, I will follow suit. However, my soon to be published memoir breaks boundaries and will absolutely contain identifying details. My position is that If I fail to identify the corrupt behavior of those responsible, they continue to get away with reprehensible acts. Here, I will share, in a shortened version, my experiences. 

 

In 2016, I brought a complaint against a municipal police force in Canada for ageism because of its handling of my application to be a police officer. After a disturbing phone call with a recruiting official, 2 years after I had passed my interview, in which she asked me “how old are you’, and then removed me from the process, I made a complaint to the Human Rights Commission, which is supposedly free and neutral in terms of dealing with both parties in an impartial matter in comparison to the time-consuming, expensive option of court procedure. I had previously reached out to all sorts of legal programs for representation, but none would get involved.

 

 In  2017, I very regrettably signed an NDA. Within the one mere month thereafter that I was entitled to contest it, I approached the Human Rights Legal Support Centre because they have lawyers on staff who are supposed to assist in with these kinds of requests. Not only did I never speak with a lawyer, each of their gatekeepers deflected my concerns, and then the time limitation passed. My requests for assistance were repeatedly ignored by a plethora of lawyers, months and even years afterwards, even those whose occupation was in the category of ‘human rights’ and employment. This shows you the power the policing institution has enjoyed.

 

 In 2020, I wrote a formal complaint to the Social Justice Tribunal requesting that my agreement be abolished. I stated I wasn’t interested in a reconsideration option because Tribunal stipulated that the original adjudicator would be in the best position to determine if my request was acceptable. However, the adjudicator was one of the focuses of my complaint. I cited every single ground on which I was entitled to have my request accepted, according to their own website: substantive and procedural grounds of unconscionability, exceptional circumstances granted to the respondent, the fact I had requested legal representation during the disclosure and was denied, the fact the adjudicator provided by the HRT was herself biased towards the respondent, the subtle coercion used by her, my lack of any semblance of understanding of the contract presented to me despite her tepid explanations. The respondent clearly had an advantage, possessing ‘superior bargaining power,’ and had their own lawyer present. I had no one. The HRC didn’t adhere to their own Code.

 

 The Social Justice Tribunal responded months later (after saying they never received my complaint) that the matter was ‘resolved,’ and asked if I wanted to proceed to seek the services of a lawyer and apply to divisional court (knowing full well no lawyer would become involved). Signing the NDA, a contract or document I personally consider a bribe, which is illegal, was likely the worst decision of my life. It was accomplished during a time when I had no support system in place as my husband had to leave for work out of province for 7 years while I went to university and raised 6 children single-handedly.

 This whole process was horrific. I had already gone a year prior to signing the NDA during which time I had refused to sign. The second time I went, I had no support, no legal representation, and faced an adjudicator who made disparaging comments about my motivation and pressured me to sign. 

 

How much time was I given to decide what to do? The adjudicator pointedly suggested to the respondent that it was ‘in their best interest to resolve the matter that day’. And to me, you’ve been waiting for this day for a while, and postponing it to a hearing will take at least another 9 months. You don’t want that, do you”? She was plainly trying to expedite the process that day to avoid future interaction and further examination of the respondent.

 

 The Human Rights Tribunal is a complete misnomer.  Because, like most people,  I did not have the luxury of paying for a legal team to represent me, my only recourse was to write of it. I applaud Julie’s efforts to bring public recognition to the absolute detrimental damage done to victims who regrettably sign NDA’s.

Zelda Perkins on BBC News image

Zelda Perkins on BBC News

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Non-Disclosure Agreements at Media Outlets Like ITN Allow ‘Toxic Environments’ and Harassment to Fester, Senior MP Says

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Bar Council to meet Can’t Buy My Silence over NDAs

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Exclusive: Weinstein whistleblower attacks Bar Council over NDAs stance

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Why the Bar Council has got it badly wrong over NDAs

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Weaponizing Legal Instruments to Protect the Guilty

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2 women who complained about harassment at UPEI permanently released from silencing deals

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Zelda Perkins on Toxic Worplace Culture

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CBMS Canada July 2023 Update

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Rhode Island Governor Signs Ban on Nondisclosure, Non-Disparagement Agreements

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Odey’s Downfall Shows How Far Women Have to Go in City of London

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Britain is falling behind when it comes to the misuse of NDAs

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Could the UPEI harassment report help make NDAS a thing of the past?

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Report on UPEI allegations describes 'dire, toxic' issues, calls for 'urgent action'

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NDAs aimed to protect trade secrets. Now they're often hiding bad behaviour, says prof

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Canada unveils reforms in bid to enhance safe sport practices

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Role of lawyers in misuse of NDAs to be examined by UK regulator

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Fordham’s Graduate Student Workers Union Addresses Nondisclosure Agreements

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CBMS UPDATE APRIL 2023

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NDAs and a culture of silence

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Furstenau gets ball rolling on curbing NDAs

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A Call to End the Use of Nondisclosure Agreements, or NDAs, in Massachusetts

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N.S. opposition parties call for legislation limiting NDAs for sexual assault, harassment cases

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Greens Take Lead to Stop NDAs from Silencing Victims

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NY State Senate Passes Ban on Secret Deals

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Misuse of NDAs focus of Can’t Buy My Silence

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Canadian Bar Association Votes Overwhelmingly To End Abuse Of NDAs

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Canadian Bar Association votes to advocate to end misuse of NDAS coverage

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Regulators plan new work on lawyers’ misuse of NDAs

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Samantha Morton Breaks Down Her Pivotal Role in ‘She Said’ and Capturing the Essence of Zelda Perkins

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CBMS UPDATE NOV 2022

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Tragic consequences of non-disclosure agreements

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A Resolution to Limit Use of NDA's up for debate at the CBA Annual Meeting in February.

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CBMS July 2022 Update

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An NDA from Harvey Weinstein cost me my career – at last, banning them feels within reach

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Biden signs law curbing nondisclosure agreements that block victims of sexual harassment from speaking out

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Ontario, lawyer hails victory on university, college use of non-disclosure agreements

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Times Up UK backs campaign Cant Buy My Silence

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London (Ontario) lawyer fights university, college use of non-disclosure agreements

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Mark Stephens, Zelda Perkins discuss NDAs & Dominic Raab

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‘She Said’ Filmmakers and Weinstein Victims: An Emotional Collaboration

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I knew Harvey was a monster after he tried to rape my colleague. But when I spoke out I was silenced

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Has the Use of NDA's Gone Too Far? Halifax Roundtable

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Expert Panel on Abuse of NDA'S IN MOVA SCOTIA

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People silenced by non-disclosure agreements speak out at hearing for Manitoba Liberal bill

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Can’t Buy My Silence to Host Exclusive Preview Screening of “She Said” in LondonPost 130

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Banning the use of NDA' in Nova Scotia and Elsewhere

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Premier says people aren't 'forced' to sign NDAs; advocates say coercion a factor

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Ontario to end secrecy behind campus sexual misconduct cases and let universities fire faculty who abuse students

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A man was charged with her sexual assault 3 years ago. He's never been extradited

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Ontario to ban NDAs in sexual misconduct cases by staff at colleges, universities

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MLA who sponsored P.E.I.'s non-disclosure agreement bill says N.S. should act now

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Trauma therapist calls for ban on NDAs for sexual assault survivors

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BBC Radio 5 With Naga Munchetty

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Weinstein whistleblower: ‘nothing has changed’ on NDA rules

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Lawyers need to redraw ethical boundaries “or face external action”

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Reforming NDAs should be top of Liz Truss’s agenda

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Liberal bill targets ‘legalized hush money’

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Watch An Animated Graphic of the NDA Story

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Inquiry launched into alleged sexual harassment by union leader

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Grassroots campaign wants to reform ‘dangerous’ non-disclosure agreements in Canada, abroad

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Lyons backs NI universities’ pledge to end use of Non-Disclosure Agreements

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CBC HOCKEY CANADA COVERAGE

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Abuse and harassment survivors 'silenced' ...

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CTV NEWS HOCKEY CANADA COVERAGE

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Hockey Canada comes under fire after for its handling of alleged sexual assault

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Workplace 'gag orders' for sexual harassment could be finished

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The Government says it will look to model the legislation off a Bill...

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She Said – Official Trailer Release

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Victoria to restrict deals silencing sexual harassment victims

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U.K. Performers’ Union Equity Fights Back Against NDA Overreach

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NHS ambulance service doctored documents to cover up truth about deaths

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Ending Gag Clauses

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Victims no longer silenced as landmark legislation takes effect on P.E.I.

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Zelda Perkins of Can’t Buy My Silence discusses 56 MPs facing claims of sexual misconduct

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Lady Margaret Hall is first Oxford college to ban non-disclosure agreements

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How Being Legally Silenced Prolongs Workplace Trauma and PTSD

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Whistleblowers call out Channel 4 News over ‘gagging orders’

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ITN broke vow made four years ago to end non-disclosure agreements

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Former Channel 4 News employee ‘traumatised’ after signing NDA

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Channel 4 News faces questions over ‘gagging’ of female staff

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P.E.I. could become 1st province to limit use of NDAs to silence victims of sexual misconduct

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Harvey Weinstein PA says abusers still have the legal power to silence victims

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Move fast to fix NDAs if you want to avoid a ban

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‘I had to start over, alone and silenced’: the fight to end NDA abuse

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Harvey Weinstein's Former Assistant's Mission to Ban NDAs Explained

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Whistleblowers launch campaign to end misuse of NDAs

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Harvey Weinstein’s former PA: Why I want a law banning NDAs

The Campaign to End NDAs image

The Campaign to End NDAs