Justice Minister Postpones Appointment of New Human Rights Commissioner After Review

Justice Minister and Attorney General of Canada Arif Virani speaks during question period in Ottawa on Dec. 1, 2023. (The Canadian Press/Adrian Wyld)

Justice Minister Arif Virani says incoming chief commissioner Birju Dattani has “agreed to take leave” just one day ahead of his anticipated start date at the Canadian Human Rights Commission as Virani assesses the results of an independent review into his appointment.

Virani commissioned the probe into Dattani’s past conduct in June after Canadian Jewish organizations raised concerns about now-deleted social media posts he made under an alias when he was a graduate student in London. Also at issue was a panel appearance he made around the same time with a member of Hizb ut-Tahrir, a group known for its Islamic fundamentalist ideology.

“While I carefully consider this matter, Mr. Dattani has agreed to take leave at this time,” Virani said in an Aug. 7 statement. “I will have more to say in the coming days. Maintaining the confidence of all Canadians in the CHRC and its Chief Commissioner remains my top priority.”

Virani said the review was conducted by Toronto law firm Filion Wakely Thorup Angeletti LLP.

Dattani did not immediately respond to a request for comment. He has previously said the accusations against him are “unfounded allegations.”

“I stand resolutely behind my record,” he said in a June statement. “I am confident that the investigation will vindicate my long-standing commitment to human rights.”

His lawyer, Muneeza Sheikh, said in a statement that her client “has been the victim of a smear campaign by a small number of organizations looking to discredit him.”

She has also said Dattani, the first Muslim to be appointed as commissioner, would challenge any attempts to have him removed.

Centre for Israel and Jewish Affairs CEO Shimon Koffler Fogel said he is “pleased the minister attaches primacy to the integrity of the office” and looks forward to him “sharing the findings of the investigation.”

The Centre, along with other Jewish advocacy groups including the Friends of Simon Wiesenthal Center, previously asked the government to reconsider 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.

Conservative deputy leader Melissa Lantsman called on the federal government to fire Dattani and open public hearings into his appointment in an Aug. 7 social media post. She accused the government of “trying to cover up the truth about not vetting this guy in the first place,” saying the recent review has not been “independent or transparent.”

‘Administrative Oversight’

It is the responsibility of the Privy Council Office (PCO) to perform background checks on all Governor in Council appointments.

PCO spokesperson Daniel Savoie previously told The Epoch Times an “administrative oversight” resulted in Dattani’s aliases not being searched prior to his June 14 appointment.

Along with activities critical of Israel, other material from 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 a rational and well calculated strategy that is pursued with surprisingly high success rates.”

Dattani is a lawyer who previously served as executive director of the Yukon Human Rights Commission from 2020 to 2023.

Noé Chartier contributed to this article.