Independent MLA accuses former PC caucus of forcing staffer to sign non-disclosure deal

Independent MLA Elizabeth Smith-McCrossin has accused the Progressive Conservative caucus of forcing a junior staffer to sign a non-disclosure agreement when she left her job in 2018.

That's the year Jamie Baillie was forced out of his job as Progressive Conservative Party leader after what the caucus termed "inappropriate behaviour" toward a female staffer.

Speaking in the House Wednesday, on a bill aimed at outlawing political parties from using non-disclosure agreements (NDAs) in cases of sexual assault or harassment, the MLA for Cumberland North said she introduced the proposed law in honour of Kait Saxton, who worked for Smith-McCrossin until her death last June.

The 33-year-old died of a brain hemorrhage at her family cottage in Wentworth.

"This bill is personal," said Smith-McCrossin. "My employee was coerced into signing an NDA with the Progressive Conservative caucus."

She then tabled a document she said she found after Saxton's death.

"It is between Kait Saxton and the Progressive Conservative caucus," she told the House. "It says if she were to break this [non-disclosure agreement] it would be harmful to her, both personally and legally.

"Kait was not given a chance to receive the support that she deserved, as a victim, and that she needed.

"She was coerced to sign an NDA. She was not given the opportunity to have a lawyer by her side," said the former PC caucus member, who was expelled by Tim Houston in June 2021 for participating in a highway blockade.

Call for public apology

"I think the one thing that would help them as a family to heal is if the Progressive Conservative caucus would publicly apologize to them for the way their daughter was treated."

Community Services Minister Karla MacFarlane, the interim leader of the party in 2018, denied any knowledge of the document Smith-McCrossin tabled.

"I have never seen that document," she told reporters outside the legislative chamber. "Our caucus had nothing to do with a non-disclosure agreement."

Former interim leader denies knowledge of NDA

Asked if she had knowledge of any non-disclosure agreements when she was interim leader, McFarlane replied: "Not at all. There was no [non-]disclosure agreements at all between the caucus, between any individual. I know for certain that I did not sign anything.

"It's unfortunate that a good friend to the caucus is being exposed the way she is through Elizabeth Smith-McCrossin."

Smith-McCrossin would not repeat her allegations outside the House until she received advice from a lawyer. Her comments on the floor of the House are protected by parliamentary privilege.

Both opposition leaders raised questions about Smith-McCrossin's allegations and suggested it might have something to do with the Houston government's lack of support for two bills before the House that would restrict the use of NDAs in Nova Scotia.

"Is the government in conflict? Did they previously use an NDA in relation to a sexual-harassment incident in their own caucus, and is that the reason why they're not pursuing this legislation with the rigour that they should be?" asked Liberal Leader Zach Churchill.

"Something has caused the government not to act on outlawing the misuse of NDAs," said NDP Leader Claudia Chender. "They indicated that they were going to do it, they indicated that it was a priority and then they abruptly changed course.

"Certainly there is something that stopped them in their tracks on pursuing this. I don't know what it is."

During question period, before Smith-McCrossin levelled her accusation, Premier Houston berated Churchill for asking about whether his government's "lack of commitment" on the issue was tied to the fact the PC caucus had used an NDA.

"It's easy to come in this chamber where you have, where you have privilege and throw these accusations around," said Houston. "I'd be interested to see if the member goes outside those doors and makes an accusation like that.

"We're taking this issue very, very seriously, much more seriously than the leader of the opposition is trying to score cheap political points, Mr. Speaker."

Late Wednesday evening, the premier's press secretary Catherine Klimek sent CBC News the following statement.

"We can confirm neither the caucus nor the PC party ever had an individual sign an NDA with respect to this matter," said the email. "I can also confirm the document tabled in the legislature by Elizabeth is not a document that was prepared for or by nor was it entered into by the PC Party, PC Caucus, PC Party President, or PC Party interim leader or current leader."