Madelaine Mackenzie

Lawyer

mmackenzie@powerlaw.ca

Tel & Fax: 604-265-0342

Madelaine focuses her practice on public law and litigation, and has rapidly gained considerable experience in Aboriginal law and language rights.

Madelaine grew up in a small town in Ontario (Haliburton) and now lives in Vancouver.

Madelaine assists and advises Aboriginal clients on a wide variety of matters, including the duty to consult, Aboriginal rights and title advocacy and litigation, and language and cultural rights. She advocates on behalf of Aboriginal clients in communications with government and industry proponents. Madelaine has also gained particular experience researching and preparing historical land use narratives to support consultation and rights and title claims.

As an articling student and then lawyer at Power Law, Madelaine began her legal career working on the largest and most complex education rights case since the adoption of the Canadian Charter of Rights and Freedoms. Her litigation experience includes preparing lay and expert witnesses, reviewing extensive evidentiary records, and drafting closing arguments and trial factums.

Madelaine has appeared before both the British Columbia Supreme Court and the British Columbia Provincial Court.

Madelaine practices in English. She is conversant in French and continues to study and improve her French-language skills.

Before joining Power Law as an articling student, Madelaine worked as a summer student in the Ottawa office of a national law firm.

Law Societies

Upper Canada 2015

British Columbia 2015

Education

J.D. with honours (University of Ottawa Faculty of Law – 2014)

B.A. Criminology, concentration in Psychology with highest honours (Carleton University – 2010)

Publications and conference presentations
  • Presentation: “Limits to Expressing Personally Held Beliefs in the School Context”, Canadian Association for the Practical Study of Law in Education, 2015 National Conference, Kelowna, May 2015 (with Mark Power, Justin Dubois and David Taylor)

  • Presentation: “The Canada-China Investment Issues Seminar for the Canada-China Chamber of Commerce”, June 2013 (co-author)

Cases
  • Gitanyow First Nations v. British Columbia (Forests, Lands and Natural Resource Operations)

  • Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique et al v British Columbia (Education), 2016 BCSC 1764 (equivalency challenge to ministerial decisions as they relate to school funding)

  • Estate of Janet Wisser v Jadwiga Makarewicz coba JM Import Company et al, 2016 BCPC (Vancouver Registry, File No 14-48236) (estate litigation, constructive trusts, contracts)

  • Gauthier v City of Lethbridge, 2015 ABQB (Lethbridge Registry, File No RVQ15GAUTHIERY) (standard of review, duty of care)

Before Power Law
  • During law school, Madelaine participated in the Ontario Trial Lawyers Association’s trial moot, undertook research work as a member of the Refugee Law Research Team and as a Research Assistant in the area of constitutional law (minority religious education), served as a Teaching Assistant for Legal Research and a Legal Writing Peer Mentor, and volunteered with the Women’s Legal Mentorship Program. Madelaine was also awarded a Dean’s Research and Writing Fellowship, a Legal Writing Academy Fellowship, and an Undergraduate Research Opportunity Program Laureate Award from the University of Ottawa.

  • Madelaine has completed a number of internships focused on access to justice and human rights, including with the Mental Health Court division of the Crown Attorney’s Office in Ottawa, and with the Access to Justice Department of the Community Legal Education Centre in Phnom Penh, Cambodia.

  • During her undergraduate studies, Madelaine participated in a six-month exchange program at the University of KwaZulu-Natal in Durban, South Africa. While there, she travelled through much of southern Africa and summited Mount Kilimanjaro in Tanzania.

Professional affiliations
  • Association des juristes d’expression française de Colombie-Britannique

  • Canadian Bar Association

  • Continuing Legal Education Society of British Columbia

  • Ontario Bar Association