Birju Dattani, then director at Yukon Human Rights Commission, poses for a photo along the Yukon River in Whitehorse on Nov. 27, 2020.Crystal Schick/The Globe and Mail
The federal government’s pick to lead the human-rights commission has resigned ahead of taking the role after a report found the vetting process was flawed and controversial social-media posts he made about Israel surfaced.
Some Jewish groups and opposition parties had objected to Birju Dattani’s appointment, arguing social-media posts and academic writings he had made regarding Israel and Palestine were antisemitic. There were also questions about Mr. Dattani failing to disclose another name he used as a graduate student in Britain, first reported by The Globe and Mail.
The situation led Ottawa to tighten up the way it carries out background checks on applicants for senior federal jobs and also prompted former Liberal public safety minister Marco Mendicino to call for a tougher probe into the activities of Mr. Dattani.
Mr. Dattani was set to take on the role on Thursday, but Justice Minister Arif Virani said last week that the appointment was delayed. Mr. Dattani announced his exit on Monday, stating in a LinkedIn post that he had “agreed to resign” his role and that he remains a steadfast believer in the commission’s work.
His LinkedIn post included a letter from Mr. Virani dated July 31, which said the minister had significant concerns about Mr. Dattani’s candour during the process that led to his appointment, and stated that it might be necessary to recommend Mr. Dattani’s removal from the office of chief commissioner based on the findings of a third-party report commissioned by the government.
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Mr. Dattani also included a response from him and his lawyers to the report dated the next day denying he omitted any information during the background check process and objected to some of the report’s findings and saying any allegation he was biased against the Jewish community was “completely without merit.”
The report from a Toronto-based law firm found that based on evidence from Mr. Dattani and a review of his scholarship, there was no sign that Mr. Dattani harboured any beliefs that would be characterized as antisemitic or that he had demonstrated any biases to members of the Jewish community or Israelis.
During an interview, the report’s authors said he was “careful to criticize the actions of the State of Israel and not the Israeli people.”
The report also said Mr. Dattani might have been able to do his job as commissioner, with his scholarship and depth of knowledge of Israel and Palestine being framed as an asset for doing the job.
“However, Mr. Dattani’s efforts to downplay the critical nature of his work was concerning and, certainly, his failure to directly disclose this work deprived the government of the opportunity to have a discussion with Mr. Dattani about what, if any, impact his scholarship and perspective would or could have if he were appointed to the role of Chief Commissioner,” the report said.
Mr. Dattani had also made some posts on social media under the name “Mujahid Dattani,” and the report said his explanation for not including the name on his application and background check lacked credibility. Mr. Dattani’s response to Mr. Virani on Aug. 1 noted he had included the name “Mujahid” on his background check forms, along with other names he has used.
He was appointed by the government in June to lead the Canadian Human Rights Commission having previously served as executive director of the Yukon Human Rights Commission. He would have been the first Muslim and racialized person to serve in the role.
Shortly after his appointment, some Jewish groups and the Conservatives raised questions about reports that a decade ago Mr. Dattani posted links on social media to articles comparing Israelis to Nazis, and Palestinians to Jews incarcerated in the Warsaw Ghetto.
Among the posts was one saying Palestinians are Warsaw Ghetto Prisoners of Today, linking to an article of that title, and another tweet he sent linking to a news story referring to summary executions which mentioned Israelis and Nazis.
Justice Minister Arif Virani holds a press conference on Parliament Hill in Ottawa on Monday, Feb. 26, 2024. On Monday, Mr. Virani said in a statement that he had accepted Mr. Dattani’s resignation after reviewing the third-party report as well as the response submitted by Mr. Dattani.Sean Kilpatrick/The Canadian Press
On Monday, Mr. Virani said in a statement that he had accepted Mr. Dattani’s resignation after reviewing the third-party report as well as the response submitted by Mr. Dattani.
“As I have said, maintaining the confidence of all Canadians in the Canadian Human Rights Commission remains my top priority,” he said.
Mr. Virani’s office has said the minister was not aware of Mr. Dattani’s social-media posts when he appointed him to the job.
Established in 1977, the commission is independent of government, promotes and protects human rights in Canada.
Deputy Conservative Leader Melissa Lantsman said in a post on X that Monday’s announcement was welcome but late, and issues with Mr. Dattani would have been revealed by a Google search.
“Antisemites should hold no position in Canada’s government – especially one entrusting them to safeguard Canadians’ rights and freedoms, including the right to worship and the right to free speech,” Ms. Lantsman wrote.
B’nai Brith Canada said in a statement that Mr. Dattani’s exit was necessary given the serious concerns raised.
“However, this situation highlights critical flaws in the vetting process that need to be addressed. We call for a thorough investigation to ensure that such oversights are prevented in the future,” the organization said.
In a statement, the Friends of Simon Wiesenthal Center’s senior policy director Jaime Kirzner-Roberts said the government should “commit to a more diligent vetting process to ensure that the next appointed CHRC chief commissioner meets the high expectations of Canadians.”
Charlotte-Anne Malischewski, who has been the interim chief commissioner since December, 2022, will continue to lead the organization until a new appointee is named.