The Canadian Human Rights Tribunal has determined that a former chief of Alexander First Nation engaged in sexual harassment towards an employee over a span of nine years. Kurt Burnstick, the ex-chief of the First Nation located near Edmonton, had previously 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 tribunal’s decision stemmed from two separate complaints filed by the former employee with the Canadian Human Rights Commission in 2016. These complaints were later combined into a single inquiry referred to the tribunal in September 2018.
While one complaint was against Alexander First Nation and was settled with the commission’s approval in January 2021, the other complaint specifically targeting 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.
Her allegations date back to 2006, claiming that Burnstick engaged in flirtatious and sexual behavior, including unsolicited physical contact and persistent attempts to initiate a sexual relationship. The former employee detailed instances of unwanted advances, such as inappropriate inquiries about her personal life and offers of financial assistance or extra work to create opportunities for private encounters.
The tribunal’s decision outlined numerous incidents of alleged harassment, including unwanted touching and a final encounter in October 2015 at the First Nation’s office where Burnstick purportedly made inappropriate physical advances towards the woman. Despite Burnstick’s denial of the allegations, the tribunal sided with the woman’s version of events, citing her credibility as a key factor in the decision.
Tribunal member Kathryn Raymond highlighted the power dynamics at play, noting the significant power imbalance between Burnstick, a political leader in the community, and the female employee. While the complaint was deemed valid, Burnstick was not ordered to provide additional compensation as the tribunal found that the acts committed were to be considered as acts of the employer, Alexander First Nation, which had already settled with the woman.
