The Canadian Human Rights Tribunal has determined that a former chief of Alexander First Nation engaged in sexual harassment against 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 filed by the former employee with the Canadian Human Rights Commission in 2016, which were later combined into a single inquiry in September 2018 and referred to the tribunal.

One of the complaints targeted Alexander First Nation, while the other specifically named Burnstick. The former was settled with terms approved in January 2021, while the complaint against Burnstick proceeded to a hearing.

The woman, who worked for Alexander First Nation from 2000 to 2016, alleged that Burnstick, who served as a band councillor and later chief during that period, sexually harassed her. The incidents began in 2006, with the woman claiming that Burnstick exhibited flirtatious and sexual behavior indicating a desire for a sexual relationship. Alleged behaviors included unwanted physical contact, suggestive inquiries about her personal life, and offers of financial aid or extra work to create private situations.

The woman also detailed instances where Burnstick invited her to out-of-town meetings with implications of leisure time together. Moreover, she claimed that Burnstick made her collect paycheques from him in private settings and that the harassment escalated after he became chief in 2014. The woman estimated between 50 and 100 incidents of unwanted touching and “belly bumping” from 2006 to 2015.

The alleged harassment culminated in an incident in the First Nation’s office in 2015, where Burnstick allegedly made inappropriate physical advances towards her. Despite Burnstick denying the woman’s account, the tribunal found her testimony credible and ultimately ruled in her favor.

Tribunal member Kathryn Raymond emphasized the significance of the power imbalance between Burnstick and the woman, noting the adverse impact on her work environment and job-related consequences. While the complaint was substantiated, Burnstick was not ordered to pay additional compensation, as the settlement with Alexander First Nation precluded such an order.

The woman received compensation through the settlement with Alexander First Nation, although this settlement did not imply an admission of liability or wrongdoing.