Aboriginal title cases should take into account the taxpayer money paid to First Nations

[White Wolf]

Opinion: Aboriginal title cases should take into account the taxpayer money paid to First Nations
The $1.3 billion paid to the Cowichan Tribes over the last quarter century should be considered compensation for any lost lands

Author of the article:By Mark Milke and Ven Venkatachalam, Special to National Post
Published Apr 24, 2026
Last updated 16 hours ago
3 minute read
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Richmond
Richmond Mayor Malcolm Brodie speaks to the media as hundreds attend the Cowichan Ruling Info Session at the Sheraton Vancouver Airport Hotel in Richmond, B.C., in 2025. Photo by Arlen Redekop/Postmedia staff photo

In August 2025, after one of the longest trials in Canadian history, Justice Barbara Young of the British Columbia Supreme Court issued a landmark ruling declaring that the Cowichan Tribes hold “Aboriginal title” to 800 acres of land in the Vancouver suburb of Richmond.

The 800 acres includes government land and 150 “fee simple” properties, the most common form of residential land ownership in Canada. In other words, people’s homes and businesses.

Opinion: Aboriginal title cases should take into account the taxpayer money paid to First Nations

The Cowichan Tribes, which are located on Vancouver Island, argued that they have a historic claim to parts of modern-day Richmond because their ancestors once visited and lived there, though as a summer fishing village.

In court, the City of Richmond argued that Aboriginal title was extinguished because the Cowichans’ ancestors abandoned the land 150 years ago. Yet according to Richmond’s lead lawyer, lawyers for the federal and provincial governments were ”labouring under litigation directives that constrained their ability to argue extinguishment.”

Following last summer’s ruling, the provincial and federal governments appealed the decision — but they’ve been part of the problem from the start. And appeals can take years, with no guarantee of a better outcome for private property owners in Richmond.

This could have serious repercussions for the rest of the province. More than two-million fee simple titles exist in British Columbia. Homeowners and business owners who believe they own their properties may also be subject to claims made by other First Nations.

The Supreme Court of Canada’s landmark 1997 decision in Delgamuukw v. British Columbia paved the way for modern Aboriginal title claims, and because much of B.C. isn’t covered by treaties, large swaths of the province have been open to such claims.

Residences and businesses along No. 6 Road in Richmond, B.C., where private land titles have been thrown into question due to a recent B.C. Supreme Court decision.
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Hundreds attend the Cowichan Ruling Info Session at Sheraton Vancouver Airport Hotel in Richmond, BC, October 28, 2025.
(Arlen Redekop / Postmedia)
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But when a First Nation such as the Cowichan Tribes lacks a treaty with the Crown, but has been paid vast sums of money over decades by federal and provincial taxpayers, should the courts not account for that money when assessing any land claim?

For the Cowichan Tribes alone, the numbers are staggering. According to our calculations, based on 24 years of Cowichan financial statements (adjusted for inflation to 2025 dollars), the Cowichan (with approximately 5,600 members) have been paid nearly $1.3 billion since 2001 for health care, education and more.

In the 2001-02 fiscal year, the federal and provincial governments spent more than $37 million on the Cowichan, and that number tripled to $103 million (or $18,359 per band member) by 2024-25. In total, over 24 years, taxpayers paid $227,223 per band member, or over $900,000 for a Cowichan family of four.

Moreover, the Cowichan Tribes also received $229.5 million in 2024 through a four-year child and family services agreement with the federal and provincial governments, adding an additional $40,785 per member over four years.

With rare exception (such as when funding is provided for education instead of accessed provincially), Cowichan Tribes members receive such transfers on top of other benefits from the federal and provincial governments. A First Nations member living on reserve will also use off-reserve highways, hospitals and community centres, and benefit from national defence and so forth.

In other words, First Nations, with or without treaties, receive funds for selected services they might otherwise access off-reserve. They also receive funds other Canadians do not, such as “top-up” health care benefits for which most Canadians or their employers must pay for out of pocket. They are also eligible to access all other government programs and also benefit from living in a peaceful nation-state — i.e., Canada.

The question is not whether government should support Indigenous communities (although the support should be targeted and not counterproductive). The question is: absent a treaty, why is taxpayer cash ($1.3 billion over 24 years) not considered a substantial contribution (if not a full and final settlement) towards any Cowichan claim against the Crown for a “chunk” of Richmond?

In the meantime, while appeals continue over Cowichan, over two million fee simple titles exist in British Columbia. They too may be subject to cascading claims from other First Nations about other B.C. properties.

National Post

Article content
Mark Milke is the president and Ven Venkatachalam is the senior economist at the Aristotle Foundation for Public Policy. They are authors of the study, “$1.3 billion in taxpayer funds to the Cowichan Tribes: Federal and provincial funding over 24 years.”

https://nationalpost.com/opinion/aborig ... st-nations

[MrSmith]

Article summary:

In a recent *National Post* opinion piece, Mark Milke and Ven Venkatachalam of the Aristotle Foundation for Public Policy argue that the massive financial transfers paid to First Nations by taxpayers should be factored into Aboriginal title court rulings.

The authors highlight a landmark August 2025 B.C. Supreme Court decision granting the Cowichan Tribes "Aboriginal title" to 800 acres in Richmond, B.C. This land includes 150 "fee simple" properties—private homes and businesses. The Cowichan claim is based on the historic use of the area as a seasonal fishing site. The authors express concern that this ruling sets a precedent threatening over two million private property titles across British Columbia, as many First Nations lack formal treaties.

The core of the authors' argument rests on the scale of government spending. They reveal that between 2001 and 2025, the Cowichan Tribes received approximately $1.3 billion in federal and provincial funding (adjusted for inflation). This amounts to over $227,000 per band member, or roughly $900,000 for a family of four. These funds cover healthcare, education, and social services—often providing "top-up" benefits not available to other Canadians—while members still benefit from general public infrastructure like highways and national defense.

Milke and Venkatachalam contend that in the absence of a treaty, these vast sums should be viewed as a form of compensation or a "final settlement" for land claims. They criticize the federal and provincial governments for failing to argue that Aboriginal title was extinguished by abandonment and for operating under "litigation directives" that hampered their defense.

Ultimately, the authors argue that the judicial system must account for the $1.3 billion already paid by taxpayers. They suggest that ignoring these transfers when awarding land title is an oversight that creates economic uncertainty and unfairness for private property owners.