When NDAs Silence Survivors: An Opportunity to Bring Forward Concerns

The Restitution Project | Survivor Voice, Accountability & Child Protection

Survivors deserve to be heard. Systems must be willing to listen.

The Restitution Project is sharing an important development for victims and survivors who have been affected by non-disclosure agreements (NDAs) and confidentiality agreements (CAs).

For individuals who have experienced sexual violence, abuse, exploitation, or other forms of criminal harm, the use of confidentiality agreements can raise difficult questions about voice, accountability, and access to justice. When survivors feel unable to speak about what happened to them, important concerns about the systems surrounding that harm may remain unseen or unaddressed.

Sherri Thomson has advocated for opportunities for victims and survivors to bring forward concerns about the use of NDAs to silence their stories. The Restitution Project is proud to share a new avenue through which experiences involving these agreements can be brought to the attention of the Office of the Federal Ombudsperson for Victims of Crime.

A new opportunity to share concerns

The Office of the Federal Ombudsperson for Victims of Crime has launched an anonymous complaint form as part of its work examining the use and impact of NDAs and CAs as a potential systemic issue affecting victims and survivors of crime.

This is an opportunity for people affected by these agreements to share their concerns and experiences with the Office and contribute to a broader examination of how these practices may affect victims and survivors.

Access the anonymous complaint form:https://www.surveymonkey.ca/r/ZC9MTJW

Learn more about the Office of the Federal Ombudsperson for Victims of Crime:https://www.canada.ca/en/office-federal-ombudsperson-victims-crime.html

We encourage anyone considering submitting a complaint to review the Office's information and privacy guidance before proceeding.

Why this matters for child protection

The Restitution Project works to advance prevention, early intervention, online safety, and responses to technology-facilitated exploitation and other forms of harm against children.

Within this work, it is essential to examine the systems, practices, and power imbalances that may prevent victims and survivors from speaking about their experiences or seeking support.

When NDAs or confidentiality agreements are used in circumstances involving sexual violence or the abuse and exploitation of children, questions about accountability, transparency, and the interests being protected deserve careful consideration.

Confidentiality agreements can serve different purposes in different circumstances. Their existence alone does not establish wrongdoing. However, where their use may contribute to silencing survivors or concealing harm, those concerns warrant attention.

Children deserve systems that prioritize their safety. Survivors deserve to be treated with dignity, have their experiences taken seriously, and be able to seek appropriate support without pressure or further harm.

What can you do?

• If you have been affected: Consider reviewing the official information and deciding whether submitting an anonymous complaint is right for you. Sharing your experience is your choice.

• If you support survivors: Share this resource with care, without pressuring anyone to disclose their experiences.

• If you work in law, child protection, victim services, education, health care, or public policy: Consider how your organization can contribute to practices that prioritize safety, transparency, and accountability.

• If you are a community partner or advocate: Help bring awareness to this opportunity by sharing the official complaint form and this resource with your networks.

Please do not share identifying details or personal accounts in public comments. Anyone with immediate safety concerns or a need for legal advice should seek appropriate support.

An important step in a larger conversation

The launch of this complaint form does not resolve the broader concerns surrounding NDAs and CAs, nor does submitting a complaint guarantee a particular outcome. It does, however, provide an identified avenue for experiences and concerns to be brought forward as part of the Office's examination of this potential systemic issue.

The Restitution Project will continue to advocate for prevention, meaningful accountability, and systems that put the safety and well-being of children and survivors first.

Survivors should not have to carry the responsibility for changing systems alone. Their experiences deserve to be heard, their concerns deserve careful consideration, and the institutions entrusted with protecting people must be willing to examine their own practices.

Sherri Thomson

Founder,

The Restitution Project — advancing prevention, protection, accountability, and restitution.