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New human rights commission­er resigns before starting role

- David Baxter

Canada's human rights commission­er Birju Dattani has resigned before ever officially starting the job, according to a post on his LinkedIn account.

Dattani agreed to go on leave last week - the day be‐ fore he was set to officially begin his role - following complaints about past com‐ ments and actions of his that were called antisemiti­c by the Centre for Israel and Jewish Affairs (CIJA).

"I remain a steadfast be‐ liever in the Commission's work, mandate, and its im‐ portance to our democracy," Dattani posted on LinkedIn on Monday.

The complaints triggered a fact-finding mission initi‐ ated by Justice Minister Arif Virani and run by the firm Fil‐ ion Wakely Angeletti LLP. They submitted their report to Virani on July 31.

"The findings speak for themselves," Virani said in a media statement. "I received Mr. Dattani's submission­s in response to the report on August 1, 2024. I have ac‐ cepted Mr. Dattani's decision to step down as Chief Com‐ missioner. As I have said, maintainin­g the confidence of all Canadians in the Cana‐ dian Human Rights Commis‐ sion remains my top prior‐ ity."

Virani added that the search for a new commis‐ sioner will begin as soon as possible and the interim commission­er, CharlotteA­nne Malischews­ki, will con‐ tinue to serve in the role in the meantime.

Virani's press secretary Chantalle Aubertin replied "no comment" when asked if Dattani was paid during his leave or received a compen‐ sation package after resign‐ ing.

CIJA has pointed out that Dattani used the name "Mu‐ jahid Dattani" in some of his online activities and speaking engagement­s, a name that was not covered by the initial Privy Council Office (PCO) background check.

The report's findings state that, "on a balance of proba‐ bilities and based on the to‐ tality of evidence," Dattani omitted the name Mujahid Dattani from his background check forms and omitted pe‐ riods of unemployme­nt.

The report does not offer advice on whether Dattani should continue in the role of human rights commission­er.

The report also says there is no evidence that Dattani is antisemiti­c.

"Based on Mr. Dattani's evidence, the scholarshi­p that was reviewed and provided, we cannot find that Mr. Dattani harboured or harbours any beliefs that would be characteri­zed as anti-Semitic or that he has demonstrat­ed any biases (conscious or unconsciou­s) towards Jews or Israelis," says a segment of the report cited by Dattani in his Aug. 1 letter to Virani.

Another excerpt of the re‐ port cited by Dattani says he has a "high degree of selfawaren­ess and sensitivit­y" regarding the challenges faced by Canadian Jews.

Deputy Conservati­ve leader Melissa Lantsman took to X, the social media platform formally known as Twitter, to call for an investi‐ gation into how Dattani was hired.

"A welcomed announce‐ ment - one that was made way too late. Antisemite­s should hold no position in Canada's government - espe‐ cially one entrusting them to safeguard Canadians' rights and freedoms, including the right to worship and the right to free speech," she said.

Richard Marceau, CIJA's vice-president of external af‐ fairs and general counsel, said it's a "good thing" that Dattani resigned.

"The Jewish community had lost confidence in him to occupy that position, which is so important at this period where we're seeing sky-high levels of antisemiti­sm," he told CBC News. "It was the right thing to do."

B'nai Brith Canada and Friends of Simon Wiesenthal Centre, other Jewish advo‐ cacy groups, also applauded Dattani's resignatio­n.

The National Council of Canadian Muslims (NCCM) said it is still reviewing the re‐ port.

"As we stated from the outset, we find that the witch-hunt against Mr. Dat‐ tani to have been utterly un‐ acceptable, and motivated, as the 'context' suggestion of the third party report sug‐ gests, by political considera‐ tions about the ongoing con‐ flict versus anything else," NCCM advocacy officer Fatema Abdella wrote in an emailed statement.

"We are disappoint­ed that yet another racialized mi‐ nority has had to go through national attacks on their per‐ son based on allegation­s of hate that turned out to be unfounded, and we are sure that the Government of Canada realizes the danger‐ ous precedent that has been establishe­d here: it is fine to drag every appointee through the mud as long as they're brown or Muslim."

A second name and soci‐ al media

In Dattani's letter to Virani, he says he was raised Hindu but became Muslim in 2001 and adopted the name Mu‐ jahid. Dattani says that in 2017 he chose to again go by his given name of Birju Dat‐ tani, but Mujahid remains part of his identity.

Dattani says in his letter that he misinterpr­eted the in‐ tent of some of the boxes in the background check form and accuses the investigat­or of "glazing over" his explana‐ tion.

"We do not accept Mr. Dattani's suggestion that his choice of name was some‐ times 'just whimsical'. Mr. Dattani was strikingly thoughtful in respect of what names he chose to use and when," the fact-finding report states.

Dattani used the name "Mujahid Dattani" in a hand‐ ful of advertised speaking en‐ gagements in 2015 on the Middle East, as outlined in the report.

At one of these events, Dattani recalled a fellow pan‐ ellist saying "we need a caliphate again." He said he told the investigat­ors he could not remember who made the comment.

CIJA pointed to a blog post alleging that when he was an academic, Dattani posted ar‐ ticles on X that compared Is‐ rael to Nazi Germany. The posts and Dattani's account appear to have been deleted. CBC News has not indepen‐ dently viewed the alleged posts.

Dattani previously told

CBC News that he shared the post, titled "Palestinia­ns are Warsaw Ghetto Prisoners of Today," in order to generate conversati­on.

In his letter to Virani, Dat‐ tani states that he deleted his Twitter account eight years ago and would go back and provide more context on the intent of his posts if he could.

Dattani cited excerpts from the fact-finding report which say he "deliberate­ly de-emphasized" and "made attempts to downplay" how his academic work was criti‐ cal of Israel.

In his submission, Dattani criticized those statements as "subjective" and said they lacked evidence.

The report states that while Dattani's past involve‐ ment in advocacy and criti‐ cism of Israel would not nec‐ essarily have interfered in his ability to do the job of hu‐ man rights commission­er, he should have been more forthcomin­g in the applica‐ tion phase.

"Mr. Dattani's efforts to downplay the critical nature of his work was concerning and, certainly, his failure to directly disclose this work de‐ prived the Government of the opportunit­y to have a dis‐ cussion 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 re‐ port says.

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