To be clear, Non-Disclosure Agreements (NDAs) are not used to protect victims of harassment or wrongdoing; they are used to protect and shield the reputations of bad actors and institutions while leaving the victims to suffer in silence.

A year ago, on May 9, I tabled Bill S-261 entitled the Can’t Buy Silence Act to galvanize more effective federal counter strategies to stop harassment, discrimination and violence in all federally funded entities, including Parliament (House of Commons, Senate) the Library of Parliament and the Parliamentary Protective Services, as well as all other federally funded entities, including government departments (such as the Canadian Armed Forces) and agencies (such as the Canadian Human Rights Commission), crown corporations like the CBC, departmental corporations (federally funded granting agencies) and non-governmental organizations that receive federal funding (Hockey Canada, Gymnastics Canada).

When a parliamentarian introduces such a private member’s bill (PMB) as I have with the Can’t Buy Silence Act, we know the chances of it quickly becoming a new law are low – very low. But a PMB like mine serves many a valuable function in our democracy, as an advocacy tool in clarifying crucial issues and creating space for public voices at parliamentary committee hearings; a map with realistic pathways to address alarming trends; and a focal point for raising media, public, and governmental awareness to build momentum for action.

Words are not enough. Disparate policies are not enough. Effective comprehensive action by the federal government is needed now.

As an independent senator, in conversations with key cabinet ministers, I’ve invited the Trudeau government to “steal my bill”, to use it to craft an action plan – to “follow the money” and cut off federal funding that currently allows misuse of NDAs by a wide range of federally funded entities. Because of Canada’s constitutional division of powers, effective federal action cannot mimic what provinces like P.E.I. are doing to curb the misuse of NDAs.

As a feminist human rights lawyer, for decades I’ve worked with victims of discrimination, harassment, and breach of trust through sexual abuse, and as a senator - after several years of consulting on the best federal approach to stop misuse of NDAs – I concluded that following and cutting off federal funding of coverup NDAs will be most effective. To accomplish this goal, my Can’t Buy Silence Act would change two federal laws (the Parliament of Canada Act and the Financial Administration Act) to stop the use of NDAs to cover up wrongdoing caused by harassment and discrimination or violence by any entity funded by federal (and therefore public) funds. This simple plan builds on the authority of the treasury board and reporting requirements already in place, using existing federal laws to make federally funded entities more transparent and accountable.

Real damage is being done to real people. Those who in the past signed NDAs continue to be silenced and stressed by the threat of litigation against them, which they fear they can’t afford, knowing the other side can use federal funds to follow through on the threat of litigation to enforce an NDA made long ago.

My Can’t Buy Silence Act would limit what a person who wants an NDA can ‘give up’ and if they decide to sign an NDA – ever – the NDA cannot silence complainants, because amendments to the Financial Administration Act would ensure they can speak freely, with ‘permitted disclosures’ protected.

It’s past time for the federal government to stop gagging victims who need to speak out about abusive conduct and environments, enabled in federally funded entities like Hockey Canada, federal prisons, or the Parliament of Canada.

To get serious about how public monies are being allocated to enable and perpetuate toxic abusive environments that reward perpetrators and wrongdoing that can be criminal in nature, federal laws must change – now.

Marilou McPhedran is an independent Senator representing Manitoba.