The Canadian Human Rights Tribunal has determined that a former chief of Alexander First Nation engaged in sexual harassment towards an employee for a period of nine years. Kurt Burnstick, the ex-chief of the First Nation situated approximately 55 kilometers northwest of Edmonton, had been previously acquitted of criminal charges related to the complainant in 2017. In a ruling issued on July 31, the Canadian Human Rights Tribunal concluded that Burnstick’s actions constituted sexual harassment.
The tribunal’s decision stemmed from two complaints filed by the former employee with the Canadian Human Rights Commission in 2016. The complaints were later combined and referred to the tribunal as a single inquiry in September 2018. While one complaint was against Alexander First Nation, the other singled out Burnstick as the individual respondent. The complaint against the First Nation was resolved and approved by the commission in January 2021, whereas the complaint against Burnstick proceeded to a hearing.
The woman, who had worked for Alexander First Nation from 2000 to 2016, alleged that Burnstick, who served as a band councillor and later as chief, sexually harassed her. The incidents began in 2006, with inappropriate behavior such as unwanted physical contact, suggestive remarks, and attempts to spend time alone with her. The tribunal’s decision highlighted multiple instances of unwanted advances and inappropriate conduct by Burnstick, culminating in a serious incident in October 2015 at the First Nation’s office.
Despite Burnstick’s denial of the woman’s version of events, the tribunal found her testimony credible and accepted her account. The tribunal member noted the significant power imbalance between Burnstick, a prominent leader within the community, and the woman, whose job security and well-being were linked to her working relationship with him. While the complaint was substantiated, Burnstick was not ordered to provide additional compensation as the tribunal deemed the acts committed by him to be treated as acts of the employer, pursuant to the Canadian Human Rights Act.
The woman had already received compensation through the settlement with Alexander First Nation, although the settlement did not imply an admission of liability.