Chief human-rights commissioner resigns after investigation into Israel comments

The Canadian Human Rights Commission logo is seen in this undated handout. (HO / The Canadian Press)

OTTAWA -

The recently appointed chief commissioner of the Canadian Human Rights Commission agreed to resign Monday after an investigation into his past comments related to Israel.

The justice minister launched an external investigation after Canadian Jewish organizations raised concerns about Birju Dattani's past activities, including allegations of anti-Israel comments.

The law firm that conducted the investigation did not find any indication that Dattani harboured or harbours antisemitic beliefs, or any evidence that he has unconscious or conscious biases toward Jews or Israelis.

"In reviewing Mr. Dattani's scholarly work, he has criticized Israel and, in particular, its treatment of Palestinians," the law firm concluded in its report, which was shared publicly Monday.

However, the investigation found he "deliberately de-emphasized" those criticisms when he was questioned about them.

"To be clear, it is our view that his involvement in advocacy and criticism does not necessarily result in the inference that Mr. Dattani could not perform the role of chief commissioner," the report stated.

"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 lengthy report detailed 14 allegations levied against Dattani, including comments he made on social media and elsewhere under the name Mujahid Dattani dating back more than 10 years.

The investigating firm found that his explanation for not including the name Mujahid Dattani on his application and background check "lacks credibility."

Instead, he provided the name Birju Mujahid Dattani, despite appearing on several panels and on social media using only the name Mujahid Dattani.

"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 investigative report states.

After receiving the findings, Justice Minister Arif Virani told Dattani in a letter on July 31 that the results of the investigation raised serious concerns about his candour during the appointment process.

Dattani, the first Muslim and racialized person to be appointed to the role, was due to start last Thursday but agreed to take a leave while Virani considered how he should respond.

"The findings speak for themselves," Virani said in a statement Monday.

"I have accepted Mr. Dattani's decision to step down as chief commissioner. As I have said, maintaining the confidence of all Canadians in the Canadian Human Rights Commission remains my top priority."

In a letter to the minister, Dattani denied that his failure to disclose the name Mujahid was intentional.

He said he adopted the middle name in early 2001 when he became Muslim, but was only asked for his given name on the application.

He told the minister a cursory Google search of any of the names he provided would have provided all the information about Mujahid Dattani within seconds.

Even the mild insinuation that he provided both his first and adopted middle name in an attempt to hide something is "gross overreach and simply false," he wrote to the minister on Aug. 1.

He said his initial interview for the job happened in June 2022, well before the significant rise in antisemitism that followed the Oct. 7 Hamas attack on Israel, and that it's unreasonable to suggest he should have highlighted his academic work on the subject of Israel "as a result of concerns that were not foreseeable" at the time.

"I remain a steadfast believer in the commission's work, mandate and its importance to our democracy," Dattani said in a statement Monday.

Conservative deputy leader Melissa Lantsman welcomed the news of his resignation, but called it overdue.

"Dattani's past writings were easily discoverable with a simple Google search," Lantsman said in a post on X.

"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."

She called for a "full, free, and fair investigation" into how the appointment happened in the first place.

The process to appoint a new chief commissioner will begin "as soon as possible," Virani said in a statement. His office said he would provide no further comment Monday.

This report by The Canadian Press was first published Aug. 12, 2024.