The Canadian Human Rights Tribunal has determined that a former chief of the Alexander First Nation engaged in sexual harassment towards an employee for nearly a decade. Kurt Burnstick, who previously faced and was acquitted of criminal charges in 2017 related to the same employee, was found by the tribunal to have committed acts of sexual harassment.
The tribunal’s decision, released on July 31, highlighted that Burnstick’s actions constituted discriminatory behavior through sexual harassment. The former employee had lodged two separate complaints with the Canadian Human Rights Commission in 2016, which were later merged into a single inquiry in September 2018.
One of the complaints was against the Alexander First Nation as an entity, while the other specifically named Burnstick as the individual respondent. The complaint against the First Nation was resolved with terms approved in January 2021, while the case against Burnstick proceeded to a hearing.
The woman, who had been employed by Alexander First Nation from 2000 to 2016, alleged that Burnstick, who held positions as a band councillor and later as chief, sexually harassed her. The incidents began in 2006 and included unwanted physical contact, suggestive behavior, and inappropriate advances.
The woman described multiple instances of unwelcome behavior, such as unsolicited physical contact, suggestive texts outside of work hours, and offers of financial assistance or extra work to create opportunities for private interactions. The tribunal’s decision noted a pattern of harassment that escalated when Burnstick became chief in 2014.
The woman detailed numerous incidents of unwanted touching and inappropriate behavior over the years, culminating in a specific incident in 2015 where Burnstick allegedly made unwanted advances towards her in the band office. Despite Burnstick disputing the severity of the incident, the tribunal found the woman’s testimony credible.
Tribunal member Kathryn Raymond cited the woman’s credibility and the lack of consistency in Burnstick’s explanations as key factors in the decision. The power dynamics between Burnstick and the employee were also highlighted, emphasizing the impact of the harassment on the woman’s work environment and job-related consequences.
While the complaint was upheld, Burnstick was not ordered to provide additional compensation as the tribunal considered the settlement reached with the Alexander First Nation as addressing the matter. The settlement with the First Nation did not imply admission of liability on their part, as per the Canadian Human Rights Act.
In conclusion, the tribunal’s decision underscored the seriousness of the sexual harassment allegations against the former chief and the importance of addressing power imbalances in such cases.