The Canadian Human Rights Tribunal has ruled that a former chief of the Alexander First Nation engaged in sexual harassment towards an employee for a period of nine years. Kurt Burnstick, who held leadership positions within the First Nation community located near Edmonton, was previously cleared of criminal charges in 2017 related to his interactions with the complainant.
In a decision announced on July 31, the Canadian Human Rights Tribunal determined that Burnstick’s actions constituted the discriminatory practice of sexual harassment. The tribunal’s verdict came after the former employee filed two separate complaints with the Canadian Human Rights Commission in 2016, which were later merged into a single inquiry in September 2018.
While one complaint was directed at the Alexander First Nation itself and was settled with commission approval in January 2021, the other complaint specifically named Burnstick as the individual respondent, leading to a hearing process. The woman, who had worked for the First Nation from 2000 to 2016, alleged that Burnstick, who served as a band councillor and later as chief, had sexually harassed her.
The incidents of alleged harassment began in 2006, with the woman claiming that Burnstick exhibited flirtatious and sexually suggestive behavior towards her, including unwanted physical contact and persistent inquiries about her personal life outside of work. She detailed instances where Burnstick made advances towards her, offered financial assistance, and created situations for them to be alone. The tribunal’s decision outlined various instances of inappropriate behavior, such as unwanted touching and suggestive remarks.
The former employee highlighted an incident in October 2015 at the First Nation’s office where Burnstick allegedly made unwanted physical advances towards her. Despite Burnstick’s denial of the severity of the incident, the tribunal sided with the woman’s version of events, citing her credibility as a key factor in their decision.
Tribunal member Kathryn Raymond emphasized that the power dynamics between Burnstick, a prominent figure within the First Nation, and the woman played a significant role in the harassment. While the tribunal found the complaint substantiated, it did not order Burnstick to provide additional compensation to the complainant, as the settlement reached with the Alexander First Nation covered financial redress.
Raymond clarified that under the Canadian Human Rights Act, acts committed by an employee in the course of employment are considered acts of the employer. As the Alexander First Nation had already settled with the woman, there was no legal basis for requiring Burnstick to personally compensate the complainant.