Carcross/Tagish chief could lose job over sexual harassment complaint

CBC News has obtained internal documents that say Chief Andy Carvill of the Carcross/Tagish First Nation in Yukon has been accused of sexual harassment in the workplace.

The documents say Carvill's fate as leader will be determined by the First Nation's governing council at a meeting on Jan. 26.

Reached by phone on Monday, Carvill confirmed to CBC the existence of the documents but declined to comment on the matter before the Jan. 26 meeting.

The documents contain two resolutions for the General Council to consider. The first calls for Carvill's immediate dismissal, while the second requests that Carvill repay any legal fees incurred by the First Nation, while allowing him to stay on as chief.

The leaked documents also include a briefing note to the General Council. The council is the main governing body of First Nation, made up of 18 members from six clans. It has the power to dismiss the chief.

According to the briefing note, a First Nation staff member informally complained to a co-worker about the harassment. The note says Carvill had made an "inappropriate comment" to the staff member.

The documents say Chief Carvill has admitted to the sexual harassment, and apologized to the complainant. They also say the complainant accepted the apology. 

'Breach of confidentiality'

The briefing note also says Carvill's accuser ("staff member #1") turned to a colleague ("staff member #2") for advice. The notes say staff member #2 was "formally reprimanded" for "breach of confidentiality."

It is not clear what that breach was.

The briefing note also refers to a third staff member, who is not otherwise mentioned in the document, and says that employee was also reprimanded for breach of confidentiality.

The leaked documents also say Carvill was present when the First Nation's Executive Council decided to send its briefing note and two resolutions to the General Council.

They also say the Executive Council decided on a course of action based on legal opinion, including the Canadian Labour Code, case law and the First Nation's own personnel policy.

That policy calls on the First Nation "to provide a procedure for employees to bring forward challenges to their work practices, policy interpretations, disciplinary actions, workplace conflicts, and harassment or discrimination in the workplace."

The policy also says that if conflicts arise in the workplace, the First Nation is committed to resolving conflicts immediately and internally to seek a mutually agreeable solution where possible.

According to the briefing note, the legal cost to the First Nation has been "significant," and that the legal opinion cost "several thousand dollars." The Executive Council has authorized settlement discussions with the accuser up to an amount of $15,000 dollars.

The briefing document says Carvill has agreed to pay any fees.

It is not clear yet whether any settlement will be reached before the General Council meets later this month.