Name of Organization: NWT Human Rights Commission
Website of Organization: www.nwthumanrights.ca
Organization’s Mandate: The Northwest Territories Human Rights Commission (NWT Human Rights Commission) works towards a Territory that is fair, diverse, safe, inclusive, and where everyone is equal.
Project Name: Non-Disclosure Agreements
Project Type: Research (memoranda used for internal purposes only)
Project Delivery: Remote
Description of Project: The NWT Human Rights Commission is made up of three independent parts:
1. Commission Members
Commission Members are appointed by the Legislative Assembly for a term of four years. Commission members are selected based on their interest in, and sensitivity to, human rights. They are from different communities in the NWT and work part-time for the Commission. Commission members are responsible for education and promotion activities and make certain decisions under the Act.
2. Executive Director
The Executive Director of Human Rights is appointed by the Legislative Assembly and is responsible for the administration of the complaint process and the operations of the Commission office. The Executive Director also acts as Secretary to the Commission.
3. Adjudicators
The NWT Human Rights Adjudication Panel is a separate and independent agency which hears complaints referred by the Executive Director. The Adjudication Panel also hears appeals of the Executive Director’s decisions to dismiss complaints. Adjudicators are part-time and are appointed by the Legislative Assembly.
The Project – Non-Disclosure Agreements
Non-Disclosure Agreements (NDAs) are under scrutiny in Canada when it comes to allegations of harassment and discrimination in human rights law. For example, the "Can't Buy Silence Act," introduced by Sen. Marilou McPhedran, would apply to Canada's public service and any organization that receives federal funding, including Crown corporations like CBC News and non-governmental national sport organizations like Hockey Canada.
The bill would change federal law to bar the federal public service and organizations receiving federal funding from employing NDAs in a range of cases and also prevent those organizations from using public money to sue complainants who break their NDAs. The goal is to ensure that public money isn't used to "protect perpetrators" or "cover up abuses."
This research memo focuses on the use and acceptability of expansive non-disclosure agreements as compared to traditional “settlement and release agreements” regarding the terms of settlement of a case. The student will distill the current issues around this topic, noting leading caselaw, trends and also summarize which provinces have passed, or contemplating to pass, the introduction of bills to limit the use of sweeping NDAs in particular instances.
Role of Student Volunteers: The student will be responsible for conducting legal/caselaw research and drafting a memo summarizing their research. The student will also provide case comments, and complete research assignments, in addition to plain language materials.
Role of Supervising Lawyer(s): The Supervising Lawyer will oversee the research submitted by the student and will provide guidance if questions arise. The lawyer supervisor will review and approve all final deliverables prior to use by the partner organization.
Type of Law: Human rights law, constitutional law, employment law, contracts, administrative law, Indigenous law.
Main Project Deliverable: Creating produced content (e.g. research memos, brochures, podcasts, etc.)
Number of Student Placements: 1 student
Hours per week the student volunteer(s) will be expected to work: 2-3 hours/week
Regular shifts or a flexible schedule: Flexible
Is there a workspace provided for the student at the Organization: No
Devices and technologies the students will be required to have: Computer, internet, zoom, access to legal databases, phone
Is there an expectation for the student(s) to be bilingual: No
Law School Pre-Requisites: Preference for a second or third-year student who has completed courses in human rights law, employment law, contracts law, administrative law, international and/or Indigenous law courses.
Other Requirements or Expectations: Students should have demonstrated passion for human rights and equality. Familiarity with Indigenous and northern issues is an asset. Students should ideally have an understanding, or lived experience, of diversity and inclusion. Volunteer or work experience in legal research and in plain language is also considered an asset.