People protest outside of Scotiabank Theatre about the documentary Russians at War at the Toronto International Film Festival, in Toronto, on Sept. 10.Paige Taylor White/The Canadian Press
The law firm representing the producers of the new documentary Russians at War has sent a legal note to the management and board of directors overseeing broadcaster TVO expressing “profound concern” over the public broadcaster’s decision to pull support for the controversial film.
The documentary by Russian-Canadian director Anastasia Trofimova – which follows Russian soldiers from their homes to the front lines of occupied Ukraine – has been heavily criticized by members of the Ukrainian community for “white-washing” Russian war crimes. In an interview with The Globe, Trofimova has said she received no co-operation or funding from Moscow, emphasizing that she believes Russia’s invasion is unjustified and illegal.
After debuting at the Venice Film Festival earlier this month, the film was set to make its North American premiere at the Toronto International Film Festival last week before screenings were pulled by organizers, citing security concerns. The film eventually screened this past Tuesday at TIFF’s Lightbox multiplex, two days after this year’s festival officially concluded.
The documentary, a co-production between Canada and France, was financed in association with two Canadian public broadcasters, TVO and British Columbia’s Knowledge Network, and partly funded through the Canada Media Fund (CMF), a not-for-profit organization that receives its funding from the federal government and telecommunications companies. Days before the TIFF premiere, Chris Day, chair of TVO’s board of directors, issued a statement that the network was pulling support for the project, and would also review the process through which the film was funded.
In a letter dated Sept. 19 and addressed to TVO’s board and management, lawyer Danny Webber of Hall Webber LPP wrote that the network’s decision to pull support for the film, including a planned broadcast, “represents a clear violation of the filmmakers’ rights, not only under the broadcast agreement but also in terms of the broader principles of fairness, editorial independence, and respect for artistic integrity.”
The film’s CMF funding is contingent on the project having a broadcast license, a commitment which TVO’s cancellation could place in jeopardy.
The letter goes on to note that the film went through a “rigorous review process” by TVO’s programming department, which is said to have approved every element of the production, from content to financing.
Opinion: Russians at War is an exceptional documentary and needs to be seen
Observing that TVO’s move could have a “chilling effect on free and open discourse,” Webber demanded that TVO immediately reinstate its commitment to air the film or co-operate in allowing the filmmakers to secure another broadcaster or streaming platform, “assuming that one can be found that has not been scared off because of your actions.” If the matter cannot be resolved within the next 10 business days, Webber wrote, the producers will be left with “no choice but to pursue all legal remedies, including claims for breach of contract, defamation, and damages associated with the loss of CMF funding.”
Representatives for TVO did not immediately return requests for comment from The Globe and Mail.
A small group of protesters gathered outside TIFF’s Lightbox on Tuesday to protest the Russians at War screening. The event was preceded by remarks from TIFF chief executive Cameron Bailey, who told attendees that “surrendering to pressure from some members of the public – or from the government – when it comes to presenting any cultural product, can become a corrosive force in our society.”