The Canadian Human Rights Tribunal has determined that a former chief of the Alexander First Nation engaged in sexual harassment towards an employee for almost a decade. Kurt Burnstick, the ex-chief of the First Nation situated approximately 55 kilometers northwest of Edmonton, was previously cleared of criminal charges in 2017 related to his interactions with the complainant.
In a ruling issued on July 31, the Canadian Human Rights Tribunal concluded that Burnstick’s actions constituted the discriminatory practice of sexual harassment. The tribunal’s decision stemmed from two complaints lodged by the former employee with the Canadian Human Rights Commission in 2016. The complaints, one against Alexander First Nation and the other against Burnstick individually, were combined into a single inquiry in September 2018.
While the complaint against Alexander First Nation was settled with terms approved by the commission in January 2021, the complaint against Burnstick proceeded to a hearing. The woman, who worked for Alexander First Nation from 2000 to 2016, alleged that Burnstick, a former band councillor and chief, sexually harassed her during her tenure.
The woman claimed that Burnstick’s inappropriate behavior began in 2006 and included unsolicited physical contact, suggestive gestures, and persistent attempts to initiate a romantic relationship. She detailed instances of unwanted touching, intrusive inquiries about her personal life, and offers of financial aid or extra work to create opportunities for private interactions.
The tribunal’s decision highlighted that the harassment escalated after Burnstick was elected chief in 2014, with the woman estimating between 50 and 100 incidents of unwanted physical contact during the period of 2006 to 2015. The culmination of the harassment, according to the woman, occurred in an incident at the First Nation’s office on October 28, 2015, where Burnstick allegedly made unwanted advances.
Despite Burnstick’s denial and assertion of a consensual hug, the tribunal found the woman’s testimony credible and accepted her version of events. Tribunal member Kathryn Raymond emphasized the power dynamics at play, noting the significant power imbalance between Burnstick and the woman.
While the complaint against Burnstick was upheld, the tribunal did not order him to provide additional compensation to the complainant. Raymond cited the Canadian Human Rights Act, which considers acts committed by an employee in the course of employment as acts of the employer. Since Alexander First Nation had already settled with the woman, Burnstick was not mandated to pay further compensation personally.
The woman had received compensation through the settlement with Alexander First Nation, although the settlement did not imply an admission of liability or wrongdoing.
