Adedokun Waliyu 
The federal government has appointed a new head of the Canadian Human Rights Commission. The change comes as the agency prepares to be the focus of an international review after being found to have discriminated against its Black and racialized employees.
Minister of Justice and Attorney General of Canada Arif Virani announced last week that Birju Dattani would take on the role of chief commissioner of the CHRC on Aug. 8. His term will last five years.
Dattani will replace Charlotte-Anne Malischewski, who has served as interim chief commissioner since 2022. Malischewski will return to her position as deputy chief commissioner.
“The appointment of Mr. Dattani as Chief Commissioner comes at a pivotal time for the Canadian Human Rights Commission,” Virani said in a news release.
With a background in law, Dattani has worked as assistant regional director at the Alberta Human Rights Commission, executive director of the Yukon Human Rights Commission and director of human rights and conflict resolution at Centennial College.
The leadership change comes shortly after it was announced that the CHRC would face a review by the Global Alliance of National Human Rights Institutions, responsible for accrediting national human rights institutions and verifying their compliance with human rights standards known as the Paris Principles.
Operating independently from the government, the CHRC’s mandate is to “promote and protect human rights.”
The special review of the government agency is planned for this fall. It was sparked by a complaint submitted by a coalition of organizations led by the Black Class Action Secretariat (BCAS). The complaint was backed by findings of anti-Black discrimination from the Treasury Board of Canada Secretariat and the Senate Human Rights Committee.
This newspaper reached out to the Department of Justice for more information on why the decision was made and whether it was related to the findings of discrimination or the upcoming review, but has yet to receive a comment.
In an email statement, Malischewski said she welcomed the appointment and looked forward to resuming her responsibilities as deputy chief commissioner and “continuing to contribute to the Commission’s important work” under Dattani’s leadership.
“I have had the pleasure of working with Mr. Dattani in his prior role as the director of the Yukon Human Rights Commission,” said Malischewski, who was asked to serve as interim chief commissioner while the government looked for someone to fill the role. “His expertise will be a great asset to our organization.”
In a BCAS news release, CEO Nicholas Marcus Thompson said the commission had been without permanent leadership for almost two years “while Canadians continue to experience harm.”
With the special review of the agency upcoming, the BCAS, alongside groups like the Public Service Alliance of Canada and the Federation of Black Canadians, has made several recommendations to the government.
They included removing the CHRC’s power to dismiss claims before they reach the Canadian Human Rights Tribunal, adding Black Canadians as an employment equity group under the Employment Equity Act and appointing a Black equity commissioner as an independent officer of Parliament.
The coalition has requested a meeting with Dattani to “collaborate on the next steps to address systemic issues and restore confidence in the commission.”
“We are hopeful that the new chief will implement the much-needed changes at an institution found guilty of discrimination and continues to discriminate against its own employees, public service staff, and Canadians seeking justice,” Thompson said.
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