BC Community Alliance | Vancouver, B.C. | December 31, 2025
Public Statement: Ending Victim-Silencing NDAs in British Columbia
BC Community Alliance stands with survivors who choose to speak publicly about harm, especially when powerful institutions try to bury the truth behind legal threats, reputational pressure, or non-disclosure agreements (NDAs).
Recent reporting about former Vancouver Symphony Orchestra musician Esther Hwang has put a spotlight on a problem that is bigger than any one institution: the misuse of NDAs to silence survivors and chill public accountability.
As reported, Esther alleges sexual violence and describes facing legal pressure and the threat of enforced silence after coming forward. Whatever the outcome of any legal processes, the public-interest issue is clear: NDAs must not be used to suppress disclosure of harassment, discrimination, or sexual violence.
The uncomfortable part people love to ignore
Black and marginalized youth are often expected to do the same thing NDAs enforce: stay quiet, don’t make trouble, protect the institution, and absorb the harm.
In schools, workplaces, sports, arts spaces, and public systems, young people learn early that speaking up can cost you opportunities, credibility, and safety. That silence is not professionalism. It is coercion with nicer branding.
The evidence: why this needs to change
Quantitative snapshot (Canada)
- Sexual assault is massively underreported: only 6% of sexual assaults are reported to police (compared with 36% of physical assaults). (Statistics Canada)
- Young people face higher risk: self-reported sexual assault rates are highest among ages 15–24 (reported as 103 incidents per 1,000 in 2019 victimization data). (Statistics Canada)
- System attrition is severe: StatsCan notes that about 1 in 19 sexual assaults reported to police led to a sentence of custody, illustrating how rarely the process results in meaningful legal outcomes. (Statistics Canada)
- Police-reported sexual assault is rising: the police-reported rate increased 38% from 2017 to 2022 (66 to 91 victims per 100,000). (Statistics Canada)
Qualitative reality (what survivors report)
- When survivors don’t report to police, it’s often about system barriers, not “indifference.” In a StatsCan analysis, 57% of sexual assault victims who did not report said it was because they did not want the hassle of dealing with police (higher than for other violent crimes). (Statistics Canada)
NDA misuse (why silence compounds harm)
- Research and advocacy summaries note NDAs are commonly used after workplace harassment/discrimination reporting. One synthesis reports 36% of people who report workplace harassment, bullying, and discrimination sign an NDA, with higher rates among women and people of colour. (gbvlearningnetwork.ca)
Bottom line: when sexual violence is already underreported and the justice pathway is already fragile, NDAs and legal intimidation make silence more likely and accountability less likely.
What we believe
- Survivors should not be pressured into agreements that function as gag orders about harassment, discrimination, or sexual violence.
- If confidentiality is ever used, it must be survivor-led and revocable, and never paired with threats that punish someone for seeking support or warning others.
- Institutions that receive public trust (and often public funding) must not be allowed to outsource accountability to private contracts.
What we’re calling for in British Columbia
We call on the B.C. Government to do the right thing and introduce legislation that meaningfully restricts NDAs in cases involving harassment, discrimination, and sexual violence, including:
- Clear limits on enforceability
- Protections against retaliation and legal intimidation
- Survivor-informed pathways for reporting, support, and public-interest disclosure
We also call on the Vancouver Symphony Orchestra to do the right thing: take survivor allegations seriously, avoid retaliation or intimidation, and commit to transparent, survivor-centered practices.
Our commitment
BC Community Alliance will use our platforms to:
- amplify the public-interest issue: ending victim-silencing NDAs,
- support survivor-led advocacy efforts, including Can’t Buy My Silence, and
- continue building systems where young people can report harm without being punished for it.
To every young person watching this unfold and thinking, “If I speak up, I’ll lose everything”: you’re not crazy. That fear is learned. And it’s exactly what needs to be dismantled.
BC Community Alliance
Vancouver, British Columbia
Call to action: Learn more and take action via the link in our bio.