Maureen Silcoff

Maureen Silcoff focuses her practice exclusively on immigration, refugee, and public law, with a particular emphasis on complex administrative law matters, appellate litigation, and constitutional test cases.

Practicing continuously in this field since 1988, she is widely recognized as a preeminent litigator in Canada for high-stakes advocacy.

Her practice spans several core dimensions of public interest and immigration law:

● Constitutional & Public Interest Litigation: Frequently retained by major national legal and advocacy organizations—including the Canadian Association of Refugee Lawyers (CARL) and the Canadian Immigration Lawyers Association (CILA)—to challenge the constitutional validity of federal laws and policies.

● Appellate Advocacy & Administrative Law: Appears before the Federal Court, the Federal Court of Appeal, provincial Courts of Appeal, and the Supreme Court of Canada. Her administrative practice encompasses judicial reviews of negative tribunal determinations, procedural fairness challenges, and complex issues.

● Systemic Delay & Mandamus: Expertise in securing precedent-setting mandamus orders and costs awards against the Crown.

● Refugee Protection & Cross-Jurisdictional Issues: Acts in high-risk protection matters, including Pre-Removal Risk Assessments (PRRAs), humanitarian and compassionate grounds, border exemption mechanisms, and interventions in complex appeals at the intersection of family law, international child abduction conventions, and refugee protection.

● Institutional & Advisory Counsel: Provides strategic advice to institutional clients and individual applicants navigating high-stakes regulatory hurdles, complex admissibility questions, and discretionary relief.

Maureen is a founding partner of Silcoff Shacter.

Alongside her active litigation practice, Maureen is deeply engaged in legal education, policy development, and mentorship. Appointed Lawyer-in-Residence at the Lincoln Alexander School of Law for the 2025–2027 academic years, she designs and teaches courses on public interest advocacy, the business of lawyering, and immigration law. In December 2025, she was awarded the Dean’s Teaching Award in recognition of her outstanding commitment to student mentorship.

Maureen plays an active governance role within the legal profession. She is a past President of CARL and currently serves on its Litigation Committee, providing strategic oversight on national interventions and systemic advocacy.

A frequent speaker at major national legal conferences and a published author in peer-reviewed journals, she is also regularly sought out by national and international media outlets for legal commentary on evolving immigration policies and human rights issues.

Maureen served as a Member of the Immigration and Refugee Board from 1993 to 1998.

● Law Society of Ontario

● Canadian Association of Refugee Lawyers

● Refugee Lawyers Association of Ontario

“Not Just the Luck of the Draw? Exploring Competency of Counsel in Federal Court Refugee Leave Determinations (2005-2020)” in Refuge (co-author)

“Public Interest Party Status: A study of Y.Z v Canada” in the Supreme Court Law Review

“Public Policy Programs: Canada’s Bypass to Refugee Protection Restrictions” in the Journal of Peace and Conflict Studies

2025 Work Highlights

● Canadian Immigration Lawyers Association v. Minister of Citizenship and Immigration (Federal Court File No. IMM-12116-25): Co-counsel for the Canadian Immigration Lawyers Association (CILA) in a Federal Court challenge addressing the underinclusive statutory recognition of the right to counsel under the Immigration and Refugee Protection Act. The case asserts that administrative law principles and sections 7 and 15 of the Canadian Charter of Rights and Freedoms require a right to counsel across immigration proceedings to accommodate barriers including education, trauma, language, and culture. A successful Government motion is under appeal.

● Canadian Association of Refugee Lawyers v. Minister of Citizenship and Immigration (Federal Court File No. IMM-917-24): Co-counsel for the Canadian Association of Refugee Lawyers (CARL) in a Federal Court challenge to Cabinet’s ongoing designation of the United States as a "safe third country" under the Canada–U.S. Safe Third Country Agreement and Cabinet privilege assertions. Successfully defeated the Crown’s motion to strike in January 2026, allowing the constitutional challenge to proceed.

● A.B.C.D. v. Canada (Citizenship and Immigration), 2025 FC 1296 & HN v. Canada (Citizenship and Immigration), 2025 FC 1801: Lead counsel in two landmark Federal Court mandamus applications on behalf of Afghan nationals affected by federal processing delays. The Court granted both applications, finding "gross government negligence," affirming a legal duty to process applications upon receipt, and issuing rare costs awards of $15,000 and $8,500 against the Crown.

● A.A. v. Z.S.M., 2025 ONCA 283 & Kirby v. Woods, 2025 ONCA 601: Counsel for intervener CARL before the Ontario Court of Appeal in two significant cases establishing legal frameworks at the intersection of family law return applications, Hague Convention obligations, and refugee protection before the Immigration and Refugee Board.

● Barre v. Minister of Citizenship and Immigration, 2025 FC 1844: Lead counsel before the Federal Court of Appeal, securing a precedent-setting decision that granted an extension of time to file following former counsel incompetence and setting important authority on the doctrines of functus officio, res judicata, and abuse of process.

● AB v. Canada (Citizenship and Immigration), 2025 CanLII 106379: Co-counsel in a pending Federal Court judicial review and stay application challenging non-compliant "safety valve" decisions under the Canada–U.S. Safe Third Country Agreement, securing novel interim directives from the Court preventing the removal of asylum seekers pending assessment.

Osgoode Hall Law School

Juris Doctor

1983 - 1986

Concordia University

Bachelor of Arts

1980 - 1983

International Institute of Human Rights

Human Rights Intensive Program

1985 - 1985