Jason T. Madden

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.