In Memory of H. Markham Silver, Q.C.
To honour Markham's lifelong commitment to providing people in need with access to justice, a fund is being created at the University of Calgary, Faculty of Law, to help support graduating students who intend to pursue a career in the area of criminal justice within a small firm, not for profit, legal clinic or as a solo practitioner.
In Markham’s memory, please consider making a contribution to the H. Markham Silver, Q.C. Criminal Justice Fund. All donations are eligible for a charitable tax receipt.
A criminal law legend is born
Born and raised in Toronto, Markham was exposed to the world of criminal defence at a very early age by his father, Louis D. Silver, QC. He was determined to follow in his father’s footsteps and was accepted into Osgoode Hall Law School in 1980 after only 2 years of undergraduate studies. Immediately Markham became a fixture at CLASP (student legal assistance) eventually becoming criminal division leader and member of the board (see photo on left above of Markham during his time at Osgoode Hall). Unruffled and unafraid, Markham had more trial experience under his belt after law school than most mid-career lawyers. Although Markham was a true litigator, he found time to use his other talents as stage lighting director for “Mock Trial,” the yearly law show where he also showcased his musical ability as a classical guitarist.
Markham’s focus on criminal law found him articling for Rosen, Fleming upon his graduation in 1983. There, Markham continued his litigation experiences, doing whatever crossed his desk including bail hearings, trials, and numerous jail visits. In 1985, Markham hung out his own shingle surrounded by the Rosen, Fleming family at 360 Bloor Street East. Markham remained there until moving to Calgary in 1998 with his spouse, criminal lawyer and now professor, Lisa Silver, and their two children, Josh and Rebecca.
A man of many talents
During his early practice years, Markham did it all. He was a part-time duty counsel and part-time Crown while building his own law practice. His commitment to ensuring those in need had access to justice led Markham to become involved in Legal Aid committee work. It also found expression in his practice as he represented Laura Kononow, one of the accused on the Rowbotham drug conspiracy case, at her sentencing and on appeal. The argument on appeal revolved around state funding of an accused facing serious charges when legal aid was not available to them. This argument was accepted and became known as the “Rowbotham Application.” Markham was very proud of his work on this file. He strongly believed in the ability of the legal profession to give those accused of crime a fighting chance, particularly when their liberty was at stake.
True to form, as soon as Markham arrived in Calgary in 1998, he quickly became an essential figure in the Calgary community. His law practice blossomed as he started using his acumen and razor-sharp intellect outside of the criminal law, practicing in all areas such as real estate, corporate commercial, bankruptcy, civil litigation, securities, and family law. By the end of his career, Markham had carriage of almost 2000 files in all levels of court, including his last appearance in R v Morrow at the Supreme Court of Canada only 7 months before he passed away from cancer. He appeared in multiple provinces, including Saskatchewan and British Columbia. He also took commission evidence in San Diego and, although not as glamorous, in Elk Point, Alberta.
Volunteer, teacher and mentor
His volunteerism was epic, both in the legal community and in the greater community. He was Chair of the Calgary Regional Committee for Legal Aid Alberta, a non-Bencher member of the Practice Review Committee of the Law Society of Alberta, and Co-Chair of the CBA-Alberta Criminal Justice Section South. In the greater community, he volunteered where his passions lay. He was Director and Secretary of Theatre Junction Society; pilot for the Young Eagles Program having received a pilot’s license while living in Toronto; Director and Treasurer of Jewish Family Services Calgary; then Director, Board Chair and Vice President of the Beth Tzedec Synagogue where he sang, prayed, read beautifully from the Torah, and blew the Shofar on High Holidays. He also gave legal advice to Camp BB-Riback, Alberta’s only Jewish overnight camp. Markham even donned a vest and fedora every year to play guitar for the klezmer band, Take the Oy Train, at the City Hall community Channukah candle lighting ceremony. He moderated interfaith events and volunteered (in the count room) for countless fundraising casino events. Even his favourite soup recipe (chilled cherry soup) found its way into the Soup Sisters Cookbook.
But closest to his heart was his commitment to the next generation of lawyers. Markham was a mentor extraordinaire. He loved to share his knowledge and experiences. He loved to help. And help he did. No matter who called him or for what reason, Markham was always there for any junior lawyer, law student or colleague.
This desire to mentor also drove his teaching. As a sessional instructor at the University of Calgary’s Faculty of Law, from 2018 until 2021, Markham took legal education seriously. He taught students evidence, advocacy, and an intimate understanding of criminal justice. His commitment to teaching and to being available for his students permeated all he did for the law school. He was rewarded by the joy of seeing his students grow into competent and able lawyers. This commitment ran so strong that he was still teaching his evidence class up until two weeks before he passed away in December 2021.
Markham received many awards for his volunteerism but greatly valued the recognition from the law school where he received the 2020-2021 Howard Tidswell Memorial Award in Teaching Excellence for sessional instructors and the 2019 W.K. Moore Award for outstanding contribution to the law school community. He was also recognized by his peers when he was appointed Queen’s Counsel in 2012.
Markham’s passion for the law was rooted in his sensitivity and understanding of people; his commitment to justice; and deep fascination with the nuances of legal argument. His impact on the community was deeply meaningful and personal. He was a mentor and advisor to everyone. His passion for life was infectious and brought joy to those around him.
Markham will be greatly missed by all who knew him and loved him, but his legacy of mentoring, volunteerism, and lawyering excellence will live on in every case he did, every person he helped, and every student he taught.
In Markham’s memory, please consider making a contribution to the H. Markham Silver, Q.C. Criminal Justice Fund at UCalgary Law.
Donations can be made electronically by completing the form below, or by cheque and mailed to:
Gift Processing and Tax Receipting
University of Calgary
OVC131, 2500 University Drive NW
Calgary, AB T2N 1N4
Cheques should be made payable to the University of Calgary and reference the H. Markham Silver, Q.C. Criminal Justice Fund clearly in the memo line.
Questions? Please contact:
Ainsley Grant
Director of Development, Faculty of Law
Email | ainsley.grant@ucalgary.ca