A court in Alberta has ordered David Rath to continue restrictions relating to the management of funds belonging to the Tallcree First Nation amid ongoing legal proceedings. The order, issued by Justice Gill, is intended to remain in effect until either the conclusion of Tallcree’s legal action or 60 days after a final judgment is rendered. It may be lifted if Rath posts $15 million in security.

The legal dispute centers on allegations that Rath may have obstructed efforts to recover missing funds from the First Nation’s trust. Justice Gill highlighted four key instances in which Rath’s actions could have hindered investigations, including an $8.5-million payment made in violation of a previous court decision, changes to the trust’s auditors, the timing of a $4.6-million payment to Rath’s professional corporation, and failure to submit financial statements within court-mandated deadlines.

Gill also cited a recent affidavit from Tallcree First Nation alleging that Rath made misrepresentations during interactions with trust auditors and has not complied with a previous court order requiring him to disclose his corporation’s accounts.

In his oral reasons, Justice Gill raised a “strong prima facie case” that Rath personally assisted in breaching fiduciary duties owed to the trust. The judge warned of a “real risk” that Rath and other respondents might take further steps to frustrate attempts to locate the missing money.

Rath has been given until July 27 to provide evidence regarding the whereabouts of the First Nation’s assets. When reached for comment on Tuesday, Rath declined to respond. His lawyer did not submit any evidence or challenge the court’s order by Wednesday.

Matthew Sammon, legal counsel for Tallcree First Nation, stated that the community was prepared to continue pursuing all lawful avenues to protect the rights of the trust’s beneficiaries, many of whom are minors. “The Tallcree First Nation will take all necessary and lawful steps to protect the rights and interests of the trust’s beneficiaries and to pursue appropriate recovery of trust assets from all responsible parties,” Sammon said in an email.

The case underscores the ongoing concerns related to the stewardship and transparency of funds intended to benefit the Tallcree First Nation, with the court closely monitoring compliance and efforts to recover the contested assets.