UPDATE (8/12/24): Birju Dattani confirmed his resignation via his LinkedIn account after an investigation into comments he made in the past related to Israel. More to come…
This report was originally published on Aug. 7…
Just hours before Birju Dattani was set to become Canada’s new head of the Canadian Human Rights Commission, amidst accusations of having an anti-Israel and antisemitic track record, the federal Minister of Justice has announced the embattled lawyer will not be starting work as scheduled, on Aug. 8.
Instead, a release from the office of Arif Virani, the justice minister, late on Aug. 7 confirmed his department has received the independent report commissioned from a Toronto labour relations and employment law firm, but he needs more time to review it.
“While I carefully consider this matter, Mr. Dattani has agreed to take leave at this time and will not begin work at the CHRC on Aug. 8, 2024. I will have more to say in the coming days,” said Virani in a written statement.
The ink had barely dried on Birju Dattani’s appointment in June, as the first racialized and first Muslim chief commissioner of the Canadian Human Rights Commission, when complaints were brought forward by Canadian Jewish leaders, citing disturbing research they had uncovered from early in Dattani’s career. The allegations included a paper he had written about the effectiveness of terrorism; also allegations that he had given a lecture while sitting as part of the same panel as a known Islamic terrorist years ago.
His social media posts from that time, using an account under the name Mujahid Dattani, were also highly critical of Israel, Jewish groups alleged. One likened Israel to Nazi Germany, according to reports.
As a result, advocacy groups including the Centre for Israel and Jewish Affairs, Friends of Simon Wiesenthal Centre, and MP Anthony Housefather, the Prime Minister’s Special Advisor on antisemitism and the Jewish community, have called for Dattani’s appointment to be rescinded.
Dattani has denied being antisemitic and vowed the reviews would vindicate him. However, since mid-July, the Calgary native has not spoken publicly about the controversy surrounding his five-year, $350,000+ a year appointment. He is being represented by labour lawyer Muneeza Sheikh.
Last month, the federal government agreed to review Dattani’s credentials. Officials had expected the review would be completed in time for Dattani to start his new job. The Justice Minister confirmed he has received the report from the reviewer at the firm of Filion, Wakely, Thorup, Angeletti LLP.
Virani thanked the external team for doing the work “on such a tight timeline.”
“Maintaining the confidence of all Canadians in the Canadian Human Rights Commission and its Chief Commissioner remains my top priority,” he said.
The Privy Council Office, which is responsible for vetting federal appointments for the Prime Minister’s Office, admitted last month an “administrative oversight” caused them not to check Dattani’s past alias names. However Dattani has said that he did tell his employers about this. Both CSIS and the RCMP have also conducted their own reviews.
The federal Conservatives vowed they would fire Dattani, should they be elected. They suggested he voluntarily step down.
The Justice department did promise to publish the findings of its external reviewer’s report. “The formal review will result in a public report”, according to Chantelle Aubertin, a spokesperson for the Justice Minister, in an email to The CJN on July 2.
That is what the Centre for Israel and Jewish Affairs is still hoping will happen, according to Shimon Koffler Fogel, the CEO.
Here’s a quote that can be attributed to Shimon Koffler Fogel, President and CEO, Centre for Israel and Jewish Affairs:
“We are pleased the minister attaches primacy to the integrity of the office and look forward to him sharing the findings of the investigation,” he told The CJN.
A spokesperson for B’nai Brith Canada was disappointed by the minister’s decision to delay publication of the external review. In a statement Aug. 8, David Granovsky, the advocacy group’s director of government relations, said the government promised to release the report by today.
“We certainly want answers,” Granovsky said. “We call on the government to quickly publish this report and for Minister [Arif] Virani to make the proper decision as swiftly as is possible.
“Transparency is paramount for the Government to regain the trust of its constituents.”
After hearing the new development, the federal Conservatives repeated their party’s call for Dattani to lose his job, while criticizing the external review process and the delay in making the justice ministry’s report public.
“Nothing about this review is independent or transparent as the whole process has been set up by the same Liberals who have spent weeks trying to cover up the truth about this appointment,” said Melissa Lantsman, deputy leader and the MP for Thornhill, in a written statement. “This meaningless half measure is not enough. Justin Trudeau must immediately fire his new Human Rights Commissioner and start open and public hearings into this debacle.”
For more on the background to this story, listen to The CJN Daily‘s podcast episode from July 2, 2024: