Former human rights chief commissioner sues for defamation

OTTAWA — A human rights lawyer whose tenure as head of the Canadian Human Rights Commission ended before it really began is suing a Conservative politician, a media personality and the Centre for Israel and Jewish Affairs for defamation.

At a press conference Thursday, Birju Dattani spoke about lawsuits he has filed against Conservative deputy leader Melissa Lantsman, media personality Ezra Levant and the Jewish advocacy group Centre for Israel and Jewish Affairs over statements made about him on social media last year.

One of the defendants has called Dattani’s claims “baseless.”

Dattani was named chief commissioner by Justice Minister Arif Virani in June 2024 and was to become the first Muslim and racialized person to hold the title.

But he resigned just before he was to start the position in August after the CIJA and others said he had made anti-Israel comments, including some under a different name, that were not flagged during the vetting process.

The CIJA said in a June 27 statement on its website that Dattani’s appointment was “unacceptable.” The organization said “social media posts and comments from Mr. Dattani reveal a troubling past of anti-Israel and even antisemitic positions.”

Virani tapped a law firm to investigate the complaints and file a report. The report said the investigation found no indication that Dattani held antisemitic beliefs but concluded that he omitted the name “Mujahid Dattani” from his background check form.

In a letter to Virani, Dattani denied that his failure to disclose the name was intentional and said he was only asked for his given name on the application.

After receiving the investigation report, Virani said in a letter to Dattani that the results raised serious concerns about his candour during the appointment process.

Dattani claims the three defendants continued to attack him online after the investigation concluded.

In August 2024, Lantsman took to X to call for a probe into how Dattani was hired. In another social media post, she called him an “antisemite.”

Levant, the founder of Rebel News, has called Dattani a “Hamas sympathizer” and an “Islamic extremist” on social media.

Dattani has asked for general damages — $500,000 against Lantsman, $650,000 against Levant and $450,000 against the CIJA — aggravated damages in the amount of $150,000 each from Lantsman, Levant and the CIJA, and special damages in an amount to be determined before trial. He also has asked for declarations stating that the defendants defamed him.

In a news release, Dattani said he became the subject of “an online and media smear campaign, which grossly mischaracterized him as an antisemitic, terrorist supporter” shortly after his appointment. The release said that, despite the investigation’s conclusions, “the vicious online attacks continued by those named in the lawsuits.”

Lantsman’s office said in a statement issued to The Canadian Press that “the controversy surrounding the appointment of Mr. Dattani by the Liberal government is a matter of public record. Ms. Lantsman will vigorously defend herself against these baseless claims.”

Richard Marceau, vice president of external affairs and general counsel at the Centre for Israel and Jewish Affairs, said in a media statement that “we received the Statement of Claim and are reviewing. What we said is sourced and factual.”

Ezra Levant said in a statement that the lawsuit is “an attempt to silence legitimate political criticism of a public person on a matter of public interest.”

“Dattani’s own words and actions are what have destroyed his reputation, and that’s why the Liberals cut him loose — not our criticism of it,” Levant said.

At a press conference on Parliament Hill Thursday, Dattani said the “campaign” against him has caused “serious and potentially irreparable damage” to his reputation.

“It has impacted my mental and physical health. It has also affected my family and loved ones,” he said. “I’m taking this step today to reclaim my reputation and to seek accountability for the damage that has been done to me and those closest to me.”

Dattani said he is crowdsourcing funds to help pay for the legal process.

He said he will continue to fight against antisemitism, Islamophobia, anti-Palestinian racism and all forms of hate and bigotry.

Dattani’s lawyer Alexi Wood said there has not yet been an official response from the defendants.

She said he could not speak to whether any future legal action could be taken against the federal government.

— With files from David Baxter.

This report by The Canadian Press was first published Feb. 6, 2025.

Catherine Morrison, The Canadian Press