Birju Dattani's 'efforts to downplay the critical nature of his work was concerning,' says law firm report
The newly named chief commissioner of the Canadian Human Rights Commission (CHRC) has stepped down from his post following the release of an independent fact-finding review.
Birju Dattani agreed to resign on Monday after an investigation into his past activities, including comments related to Israel, according to a report from The Canadian Press.
Arif Virani, minister of justice and attorney general of Canada, has accepted Dattani’s resignation, according to CTV News.
“I received Mr. Dattani’s submissions in response to the report on August 1, 2024. I have accepted Mr. Dattani's decision to step down as Chief Commissioner,” said Virani in a press release.
“As I have said, maintaining the confidence of all Canadians in the Canadian Human Rights Commission remains my top priority.”
Dattani went on leave before he was set to take on the CHRC role starting Aug. 8, according to Virani.
Findings of third-party review
The third-party report into Dattani’s past activities detailed how he acted with some secrecy during his application process for the CHRC chief position.
“In reviewing Mr. Dattani’s scholarly work, he has criticized Israel and, in particular, its treatment of Palestinians,” said Filion Wakely Thorup Angeletti in their report.
The report also noted that Dattani did not include the alias "Mujahid” on the Governor in Council (GIC) Appointments Candidate Declaration and Certification Form he filled as part of his application even though “Dattani disclosed that he used the name ‘Birju Mujahid Dattani’ or ‘Birju M. Dattani’ for the first time when he sent in the Background Check Consent Form on April 2, 2024,” according to the report.
“He explained that he did not include ‘Mujahid’ on this form as Mr. Dattani understood he was only requested to provide his ‘given’ name(s). While Mr. Dattani confirmed that ‘Birju Rajnikant’ is his given legal name at birth, he did not provide an explanation as to why Rajnikant was not listed on the document,” said the law firm in the report.
In July, the Privy Council Office (PCO) said it failed to look into the aliases that Dattani allegedly used to make controversial social media posts. Following Dattani’s appointment in June, the Centre for Israel and Jewish Affairs (CIJA) raised concerns about “troubling past of anti-Israel and even antisemitic positions”.
Also, as part of his application, Dattani answered “no” to the question related to whether or not he “might have any actual, potential or perceived conflict(s) of interest with respect to serving in the position” of chief commissioner and left the area where a candidate could provide more details blank, said Filion Wakely Thorup Angeletti.
“Mr. Dattani also confirmed that he answered ‘no’ to the question ‘[i]s there anything in your personal or professional background, whether current or past, that could, if it were to become known, bring disrepute to the Government of Canada.’”
This manner of secrecy affected the appointment of Dattani, according to the law firm.
“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. In some ways, Mr. Dattani’s scholarship and depth of knowledge of the Israel-Palestine 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.”
Change in leadership at CHRC
The government will commence the process to appoint a new chief commissioner as soon as possible, said the minister of justice.
In the meantime, Charlotte-Anne Malischewski is serving as interim chief commissioner of the CHRC, according to Virani.
The CHRC is also facing a number of controversies outside of Dattani’s appointment. A report published in June noted that the United Nations’s oversight body will be investigating the CHRC following reports that the Canadian body has discriminated against Black and racialized workers.
In February, a coalition of Canadian human rights groups and unions filed a systemic discrimination complaint against the commission.
