Jason Madden

Career

Jason is a seasoned negotiator and litigator who practises exclusively in the area of Aboriginal law. As an Indigenous lawyer, he also supports Indigenous clients as they revitalize and implement their inherent jurisdiction, laws and governance systems. Widely recognized for being at the forefront of the development of Métis rights law in Canada, Jason has represented various Métis communities, organizations and governments from Ontario westward for more than two decades in the courts and at negotiating tables.

Jason is Co-Leader of the firm’s Indigenous Practice Group. He is also a member of the firm’s Litigation & Dispute Resolution and Energy Groups. Prior to joining Aird & Berlis in 2024, he was a managing partner at a nationally recognized boutique Aboriginal law firm for over a decade. He has been repeatedly recognized by Lexpert, Chambers & Partners and Best Lawyers as a leading practitioner in the area of Aboriginal law, and was named as one of the 25 Most Influential Lawyers in Canada by Canadian Lawyer Magazine for his work in this area of the law. He frequently speaks at conferences and law schools on Aboriginal law generally and particularly Métis legal issues.

Jason regularly advises and represents Indigenous clients on Aboriginal and Treaty rights matters, including the development, advancement and implementation of negotiation and litigation strategies for the recognition of Indigenous rights, as well as the resolution of historical land-related grievances and others claims against the Crown. Jason’s litigation practice has included trials defending or establishing his clients’ Aboriginal and Treaty rights in addition to other precedent-setting court cases involving the honour of the Crown, including consultation and accommodation matters, the legal status of negotiated agreements between the Crown and Indigenous peoples, and the development of the Crown’s duty to negotiate.

As a result of his work on behalf of Indigenous clients, Jason has appeared before all levels of court from Ontario westward, including the Ontario Superior Court, the Courts of Appeal in Ontario, Manitoba, Alberta and the Yukon, the Federal Court and the Federal Court of Appeal. He has appeared before the Supreme Court of Canada a dozen times. Jason has also appeared before various regulatory bodies and tribunals, including the Canada Energy Regulator, the Impact Assessment Agency of Canada, the Canadian Human Rights Tribunal, the Alberta Energy Regulator, the Ontario Energy Board and the Yukon Water Board.

A significant component of Jason’s current practice is the negotiation and implementation of self-government agreements, innovative reconciliation arrangements and modern-day treaties with the Crown on behalf of his Indigenous clients. In this capacity, Jason has assisted his clients in the development of their own constitutions, laws, policies and processes, reaching inter-nation agreements with other Indigenous peoples, as well as negotiating and achieving consultation, harvesting, interim treaty measures, co-management, trans-boundary, financial transfer and tax arrangements with public governments.

Jason is a citizen of the Métis Nation and a descendant of the ‘Halfbreeds of Rainy River and Rainy Lake’ who collectively adhered to Treaty No. 3 in 1875.

Publications

Author, "The Re-Emergence of Previously Slayed Métis Rights-Denial Dragons: The Dangers and Duplicity in Fort Chipewyan Métis Nation of Alberta Local #125 v. Alberta," Osgoode Hall Law Journal, 57.1, 2021.

Author, "After the Hysteria: Understanding Daniels v. Canada from a Métis Nation Perspective," Daniels v. Canada: In and Beyond the Courts, University of Winnipeg Press, 2021.

Author, "Daniels v. Canada: Understanding the Inkblot from a Métis Nation Perspective," Key Developments in Aboriginal Law, Thomson Reuters Canada, 2019.

Co-Author, "Métis Scrip in Alberta," Rupertsland Centre for Métis Research & Métis Nation of Alberta, August 2018.

Author, "Reconciliation With the Métis: The Time is Here," Canadian Lawyer, October 1, 2018.

Co-Author, "Recent Legal Developments on Métis Consultation in Alberta—A Case Summary of MNA Local #125 v. Alberta," Pape Salter Teillet LLP, March 7, 2017.

Co-Author, "Another Chapter in the Pursuit of Reconciliation and Redress . . . ’: A Summary of Daniels v. Canada at the Supreme Court of Canada," Pape Salter Teillet LLP, April 19, 2016.

Co-Author, "Protecting the Commitments in Modern Day Land Claims and Co-Management in the Northwest Territories: A Summary of Tłįcho Government v. Canada, 2015 NWTSC 09," Pape Salter Teillet LLP, April 2015.

Co-Author, "Daniels v. Canada, 2014 FCA 101: Understanding the Federal Court of Appeal’s Decision," Pape Salter Teillet LLP, April 2014.

Author, "Reconciliation With the Métis: The Time Has Come," Canadian Lawyer, March 18, 2013.

Co-Author, "Manitoba Métis Federation v. Canada (Attorney General): Understanding the Supreme Court of Canada's Decision," Pape Salter Teillet LLP, March 2013.

Author, "The Métis Nation’s Self-Government Agenda: Issues and Options for the Future," Métis-Crown Relations: Rights, Identity, Jurisdiction, and Governance, Irwin Law, 2008.

Co-Author, "Exploring Options for Métis Governance in the 21st Century," Institute on Governance, 2005 CanLIIDocs 647.