Birju Dattani, who was set to become Canada’s new head of the Canadian Human Rights Commission resigned Aug. 12, after an independent report was sharply critical of his failure during the vetting process to disclose the numerous names he used on social media and in academic speeches.

Justice Minister Arif Virani commissioned an independent report after allegations emerged that Dattani had an anti-Israel and antisemitic track record. Dattani was poised to become the new chief commissioner on Aug. 8, but late on Aug. 7, Virani confirmed that his office had received the report from a labour and employment relations law firm and was delaying the appointment.

Virani said in a press release on Aug. 12 that he made the report public to ensure transparency and that he accepted Dattani’s decision to step down. “The findings speak for themselves.”

“As I have said, maintaining the confidence of all Canadians in the Canadian Human Rights Commission remains my top priority,” Virani said.

Dattani’s decision to step down before even assuming the post, was welcomed by numerous Jewish advocacy groups.

“While this decision was a long time coming, we are relieved that it has finally been made. Canadians deserve a human rights commissioner they trust to protect the rights and freedoms of all citizens,” Jamie Kirzner-Roberts, senior director of policy and advocacy for Friends of the Simon Wiesenthal Center, said in a statement.

The report, by Sarah Crossley and Laura Freitag, with Filion Wakely Thorup Angeletti, a management labour and employment law firm, was critical of Dattani’s failure to disclose the various names he had used in his professional life, specifically ‘Mujahid Dattani’. He adopted the name ‘Mujahid’ when he was 19 and “embraced a Muslim identity,” the report stated.

“On a balance of probabilities and based on the totality of evidence, we find that Mr. Dattani intentionally omitted the reference to ‘Mujahid Dattani’ on the Background Check Consent Form (and elsewhere) and at no time in the application or interview process disclosed that, in the past, he had used the name ‘Mujahid Dattani,’ the report stated.

The report was commissioned to investigate the allegations about antisemitism, but was not asked to examine the vetting process around Dattani’s appointment, noted the authors.

Shortly after Dattani’s appointment was announced by the government in June, Jewish advocacy groups uncovered controversial comments he had made and worrying activities. The allegations included a paper he had written about the effectiveness of terrorism as well as that he had participated in a panel alongside a known terrorist. Jewish groups also pointed to Dattani’s posts on social media.

While studying in England, Dattani had tweeted under the Twitter handle @mujahid_dattani, “’Palestinians are Warsaw Ghetto Prisoners of Today,’ linking to an article of that name,” the report stated.

Advocacy groups, including the Centre for Israel and Jewish Affairs, Friends of Simon Wiesenthal Center, B’nai Brith Canada as well as MP Anthony Housefather, the Prime Minister’s Special Advisor on antisemitism, had all called for his appointment to be rescinded.

Dattani, who served as the director of the Yukon Human Rights Commission from 2020 to 2023, would have been the first racialized and first Muslim head of the Canadian Human Rights Commission.

The report did not find that Dattani held antisemitic views or demonstrated any biases towards Jews or Israelis.

“While some may take issue with Mr. Dattani’s scholarship that we have been provided, the sources he relies upon in that scholarship, and his criticism of the State of Israel, he has not demonstrated any intentions or actions that suggest he is antisemitic or has beliefs that could be characterized as antisemitic. Throughout the interview, Mr. Dattani was careful to criticize the actions of the State of Israel and not the Israeli people,” the report stated. 

“Importantly, during the course of the interview, Mr. Dattani indicated that his knowledge and lived experience as a racialized person meant that he could listen sympathetically and empathetically to those experiencing discrimination or anti-Zionist views.”

However, Dattani was faulted for downplaying the degree to which he was critical of Israel, the authors stated.

During the interview, Dattani “deliberately de-emphasized the manner in which his academic work was critical of the State of Israel in respect to its treatment of Palestinians.

“In some ways, Mr. Dattani’s scholarship and depth of knowledge of the Israel-Palestine (sic) could have been framed as an asset to the role of Chief Commissioner. 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 found.

Jewish groups, while pleased with the outcome of the investigation, also noted that the government’s vetting process, which had allowed Dattani’s appointment to proceed this far, needed scrutiny.

“Our government must implement and enforce rigorous vetting processes across all departments to ensure that such a grave failure never occurs again,” Richard Marceau, vice-president external affairs and general counsel for the Centre for Israel and Jewish Affairs stated.

The Conservatives also welcomed the announcement that Dattani would not assume the position and called for an inquiry into the government’s vetting process.

“While Liberals like Anthony Housefather and their Justice Minister try to sweep this saga under the rug, Canadians will not be fooled. Dattani’s past writings were easily discoverable with a simple Google search. Either the political staff in the Trudeau Government failed to do such a rudimentary search, or they found that material and viewed the comments as not problematic. 

“Open a full, free, and fair investigation to determine how someone like Birju Dattani could be hired,” Deputy Leader, MP Melissa Lantsman, said in a statement.

The government will start the process to appoint a new chief commissioner as soon as possible, Virani said. In the meantime, interim chief commissioner Charlotte-Anne Malischewski will continue in the role.