The former chief of Alexander First Nation, Kurt Burnstick, has been found guilty of sexually harassing an employee over a nine-year period by the Canadian Human Rights Tribunal. Burnstick, who was previously cleared of criminal charges in 2017 related to the same victim, was determined to have engaged in discriminatory sexual harassment acts, as per the Tribunal’s decision on July 31.
The victim, who had worked for Alexander First Nation from 2000 to 2016, alleged that Burnstick’s inappropriate behavior began in 2006 when he made unwanted advances towards her, including unsolicited physical contact, suggestive comments, and pressure to engage in a sexual relationship. The incidents escalated over the years, with the victim estimating between 50 to 100 instances of unwanted touching and harassment.
The harassment culminated in a disturbing incident in October 2015 at the First Nation’s office, where Burnstick allegedly hugged her, grabbed her buttocks, and made unwelcome advances. Despite Burnstick’s denial and claims of a consensual hug, the Tribunal found the victim’s testimony to be credible and accepted her version of events.
The Tribunal concluded that Burnstick’s conduct was persistent, serious, and had a negative impact on the victim’s work environment, leading to adverse job-related consequences. The power imbalance between Burnstick, a prominent figure in the community, and the victim was also highlighted as significant.
Although the complaint was substantiated, the Tribunal did not order Burnstick to provide additional compensation to the victim, citing legal constraints as the acts were considered to be committed within the scope of employment with Alexander First Nation, which had already settled with the victim. The settlement received by the victim from the First Nation did not imply an admission of liability or wrongdoing by the organization.
In her ruling, Tribunal member Kathryn Raymond emphasized the importance of addressing workplace harassment and the need for accountability, particularly in cases involving individuals in positions of authority.
