Separatist lawyer Jeffrey Rath is seeking a fast-track appeal in an attempt to overturn a judge’s order that temporarily removed him as the overseer of nearly $15 million in trust fund money belonging to a northern Alberta First Nation.
The order came June 26 from Alberta Court of King’s Bench Justice Shane Parker following an application by Tallcree First Nation who allege Rath has misappropriated trust funds and is also seeking to permanently remove him from the trustee position.
Rath filed a notice of appeal on July 24, according to court documents, where he claims Parker erred on nine grounds.
“Considered cumulatively, Justice Parker’s conduct of the proceedings, reliance on irrelevant considerations, unsupported factual assumptions, inconsistent treatment of comparable evidence, and failure to determine the matter based solely on the evidentiary record deprived (Rath) of a fair hearing,” his notice states.
“These errors constitute palpable and overriding errors of fact and mixed fact and law, as well as errors of law, that materially affected the outcome of the proceeding.”
Rath says the hearing came too soon and before lawyers for his side could prepare as well as that a prior court ruling had established a procedure for removing the trustee, but that was not followed.
He is calling for the Court of Appeal to set aside or stay the interim order issued by Parker as well as to hold a vote of Tallcree members who are beneficiaries of the trust to determine if he should remain the fund’s trustee.
Rath declined further comment when reached on Tuesday beyond stating “more appeals to follow” and pointing to his remarks he made during an appearance on political commentator David Krayden’s YouTube broadcast posted on Monday.
“Everything we did was in accordance with the strict wording of the trust documents that we were administering,” he said on the video.
Last month, a different justice temporarily froze $8.5 million of Rath and his professional corporation’s assets in response to an application by Tallcree Chief Rupert Meneen.
The duration of that order was extended by the court on July 15, with Justice John Gill ruling there was “a strong prima facie case that (Rath and his professional corporation) have made improper payments out of the trust.”
The order remains in effect until a future court order that would come after the termination of Tallcree’s legal action or 60 days after the court issues its final judgment.
The lawyer for Tallcree First Nation, Matthew Sammon, did not offer comment in reaction to Rath’s appeal, but told Postmedia last month that the band and Meneen were prepared to continue the legal battle.
“The Tallcree First Nation will take all necessary and lawful steps to protect the rights and interests of the trust’s beneficiaries, many of whom are minors, and to pursue appropriate recovery of trust assets from all responsible parties.”
Dates have not yet been set to hear the appeal.