Feds Say ‘Oversight’ in Vetting Caused Human Rights Commissioner’s Israel Comments to Be Missed Before Appointment

Justice Minister and Attorney General of Canada Arif Virani speaks to reporter ahead of a cabinet meeting on Parliament Hill in Ottawa, on June 11, 2024. The Canadian Press/Spencer Colby

Ottawa says it conducted an incomplete background check on its newly appointed human rights commissioner, whose past activities have been criticized by Jewish advocates.

Justice Minister Arif Virani announced on June 14 the appointment of Birju Dattani to head the Canadian Human Rights Commission (CHRC).

Shortly after, some of Mr. Dattani’s previous comments and activities surfaced, such as speaking on a panel alongside a member of the recently-banned Hizb ut-Tahrir group in the UK, and accusing Israel of apartheid.

Some of his material was published under the name “Mujahid Dattani.” “Mujahid” is an Arabic term for someone engaged in Islamic struggle or “jihad” on behalf of God or religion, and can also serve as a given name.

The Privy Council Office (PCO) was responsible for conducting the background check on Mr. Dattani, as it processes all Governor in Council appointments. Part of the process involves consulting with security services and the Canada Revenue Agency.

“In the case of Mr. Dattani, an administrative oversight resulted in the aliases not being searched by PCO, and PCO regrets its error,” said PCO spokesperson Daniel Savoie in a statement to The Epoch Times.

Mr. Savoie said the aliases had also not been shared with security partners for verification, but that they’re now conducting a review.

Mr. Virani also said his department is reviewing the matter before Mr. Dattani is expected to begin the role of human rights commissioner on Aug. 8.

Mr. Virani’s office and department did not respond to a request for comment. The CHRC said it could not comment since Mr. Dattani hasn’t assumed his functions yet.

Deputy Prime Minister Chrystia Freeland said on July 9 the government and PCO must do better to vet appointments. “As the minister of justice has said, that’s unacceptable,” she told reporters in Toronto when asked about Mr. Dattani’s appointment.

Mr. Dattani, a lawyer who previously served as executive director of the Yukon Human Rights Commission from 2020 to 2023, said in a statement posted online he is finding himself the “target of unfounded allegations.”

“I stand resolutely behind my record,” he said in the statement, which was posted by the National Council of Canadian Muslims.

“I am confident that the investigation will vindicate my longstanding commitment to human rights,” he added. Mr. Dattani also said that his recent apology regarding his past comments was not an admission of wrongdoing, but instead “an expression of empathy for those who have been distressed by these unfounded allegations.” Mr. Dattani has not responded to a request for comment.

Lawyer Muneeza Sheikh, who represents Mr. Dattani, said in an online statement her client has been the victim of a “smear campaign by a small number of organizations looking to discredit him and the CHRC.”

“Mr. Dattani is a scholar, and like any scholar it is his job to explore every idea and argument on any side of an issue,” she said.

Along with activities critical of Israel, other material from Mr. Dattani has surfaced, including an abstract of a presentation to the Muslim Research Forum in 2015 on the topic of terrorism.

“Contrary to conventional wisdom (which is far more convention than it is wisdom), terror is not an irrational strategy pursued solely by fundamentalists with politically and psychologically warped visions of a new political, religious or ideological order,” it said. “It is in fact, it is a rational and well calculated strategy that is pursued with surprisingly high success rates.”

Jewish advocacy groups like the Centre for Israel and Jewish Affairs and the Friends of Simon Wiesenthal Center have asked the government to reconsider Mr. Dattani’s appointment.

“His connection to individuals linked to terrorist groups and his history of antisemitic statements and activities demonstrate that he is not suitable for this critical position at the CHRC,” the groups said in a joint statement in late June.

Conservatives have also called for his removal and said they would push for open hearings into the matter.

“Justin Trudeau must immediately fire his new Human Rights Commissioner, not continue to push ahead to give him massive new authority to regulate speech with his latest online censorship bill,” Deputy Tory Leader Melissa Lantsman said in a July 9 statement in reference to the government’s Bill C-63, the Online Harms Act.

The bill seeks to give power to the CHRC to adjudicate complaints of “hate speech,” hand down fines of up to $50,000, and order offenders to compensate victims with up to $20,000.