The Canadian Human Rights Tribunal has determined that a former chief of Alexander First Nation engaged in sexual harassment towards an employee for a span of nine years. Kurt Burnstick, the ex-chief of the First Nation located approximately 55 kilometers northwest of Edmonton, had previously faced and been 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 case stemmed from two separate complaints filed by the former employee with the Canadian Human Rights Commission in 2016, with one against Alexander First Nation and the other specifically naming Burnstick as the respondent.
While the complaint against Alexander First Nation was resolved with the commission’s approval of the terms in January 2021, the complaint against Burnstick proceeded to a hearing. The woman alleged that Burnstick, who served as a band councillor and later as chief, had sexually harassed her during her employment at Alexander First Nation from 2000 to 2016.
The alleged incidents of harassment began in 2006 and included flirtatious and unwanted sexual advances from Burnstick, such as unsolicited physical contact, persistent inquiries about her personal life outside of work hours, and inappropriate conduct implying a romantic relationship. The woman claimed that Burnstick had offered financial assistance or created situations for them to be alone, with multiple instances of unwanted touching and suggestive behavior.
The culmination of the harassment, as described by the woman, occurred in an incident at the First Nation’s office in October 2015, where Burnstick allegedly made unwanted physical advances towards her. Despite Burnstick’s testimony that the interaction was consensual, the tribunal sided with the woman’s version of events, citing her credibility as a key factor.
The tribunal member, Kathryn Raymond, found Burnstick’s conduct to be unwelcome, persistent, and gender-based, leading to adverse effects on the former employee’s work environment. The power dynamics between Burnstick as a political leader and the woman created a significant imbalance, impacting her livelihood and security within the community.
While the complaint was substantiated, the tribunal did not order Burnstick to provide additional compensation to the complainant, citing the settlement agreement between the woman and Alexander First Nation. Raymond highlighted that the Canadian Human Rights Act deems acts committed by an employee in the course of employment as actions of the employer, thus limiting the tribunal’s authority to compel personal compensation from Burnstick.
Ultimately, the woman had received compensation through the settlement with the First Nation, with the tribunal emphasizing that the settlement did not equate to an admission of liability or wrongdoing.