Employment lawyer to probe appointment of human rights chief accused of anti-Israel record

The Centre of Israel and Jewish Affairs says it was recently contacted about providing information to its investigating team

The federal government has hired outside legal counsel to lead an independent review into the appointment of Canada’s new human rights chief, who Jewish advocacy groups say is unfit for the role.

Justice Minister Arif Virani announced the probe into the appointment of Birju Dattani after hearing concerns from organizations about anti-Israel posts he made under a different name while attending graduate school in London several years ago.

The Department of Justice said in a statement it has retained employment lawyer Sarah Crossley of the firm Filion Wakely Thorup Angeletti to lead the independent review. 

Crossely declined to provide comment when contacted by National Post. She previously worked on the third-party investigation for CTV following the 2022 firing of its former news anchor Lisa LaFlamme.

The Justice Department did not immediately respond to inquiries about the cost of the investigation.

The Privy Council Office (PCO), which serves as the administrative arm of the Prime Minister’s Office, is responsible for the vetting of federal appointments.

“The government’s next actions will be guided by the findings from these background checks as well as by the findings from the independent review currently underway,” said Daniel Savoie. 

He added that the office “has undertaken a general review of its internal background check process.”

Virani’s office has said that neither the minister nor Prime Minister’s Office were informed of the different name Dattani used. Opposition Conservatives say that should Dattani not step down, Prime Minister Justin Trudeau’s government should fire him. Conservatives have vowed to remove him, should they form the next government.

Dattani’s lawyer has previously suggested he would challenge attempts to oust him.

Dattani is set to assume his new role in 15 days. The justice minister told reporters last week the government was “endeavouring to ensure that that review concludes before August 8,” which is when Dattani is set to start. 

A government source not authorized to speak publicly previously told The Canadian Press it was looking at ways to delay his arrival.

Shimon Koffler Fogel, the CEO of the Centre for Israel and Jewish Affairs (CIJA), said officials recently informed the organization about who was leading the probe and put them in touch with the investigating team for it to share materials that had triggered its concerns over Dattani’s history.

He said he would take the review — the findings of which Justice Minister Virani has committed to make public —at “face value.” He maintains, however, the only outcome he finds acceptable is for Dattani not to assume the post.

With the Jewish community being a target of hate, Koffler Fogel said “we have to have a high degree of confidence” in the human rights commission.

Advocates have raised concerns about his past online activity, which included the sharing of an article back in 2014 titled “Palestinians are Warsaw Ghetto Prisoners of Today.” Dattani said in previous interviews that he did not agree with its argument.

He also rejected accusations that he posted articles comparing Israel to Nazi Germany, as one article published in 2015 suggested.

Dattani also appeared on a panel featuring a member of the Islamic fundamentalist group Hizb ut-Tahrir, which seeks the elimination of Israel.

The Yukon Human Rights Commission, where Dattani served as director before his appointment, issued a statement in Dattani’s defence, saying it rejects any notion that he’s unfit for the job. 

The National Council for Canadian Muslims has also said it believes the independent review will clear his name and accused the government of caving to what it called “flimsily allegations” made against a Muslim man.

-With files from The Canadian Press

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