'Russians at War' producers threaten legal action against TVO for pulling documentary

Lawyers representing the producers of "Russians at War" say they may pursue legal action against Ontario's public broadcaster for pulling support for the controversial documentary amid outcry from the Ukrainian community and some Canadian politicians.

A letter addressed to TVO's board and management demands that the network immediately reinstate its commitment to air "Russians at War," or allow the filmmakers to license the film to another broadcaster or streaming platform.

The letter says that if the matter can't be resolved, the film's producers will be left with "no choice but to pursue all legal remedies," including claims for breach of contract, defamation, and damages associated with any loss of funding for the project.

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"We trust that the board will recognize the gravity of this situation and act swiftly to rectify it," lawyer Danny Webber of Hall Webber LLP wrote in the letter sent Thursday, adding that the law firm expects a response from TVO within 10 business days.

TVO board chair Chris Day told The Canadian Press that the broadcaster won't publicly comment on legal matters.

The film by Russian-Canadian director Anastasia Trofimova — which captures the experiences of Russian soldiers on the front lines of the war in Ukraine — has sparked considerable backlash from Ukrainian officials and the Ukrainian Canadian Congress, who called it "Russian propaganda."

The documentary was produced in partnership with TVO and financed in part by the broadcaster's allocation of Canada Media Fund resources. Deputy Prime Minister Chrystia Freeland has denounced the use of public funds to help produce and screen "Russians at War," saying she shares the Ukrainian community's "grave concerns" about the film.

Last week, TVO's board of directors cancelled plans to air the documentary in the coming months, citing feedback it had received. That announcement came just days after the network defended the film as “antiwar” at its core

The letter from the film producers' legal team called the decision "a clear violation of the filmmakers' rights," noting that TVO's programming department approved every stage of the documentary's production, "reviewing each cut of the film."

The board's decision also has "potentially catastrophic financial implications," the letter says, because money secured from the Canada Media Fund is contingent on the documentary having a broadcast licence.

"By cancelling the broadcast commitment, TVO has placed the entire project’s financing in jeopardy, exposing the filmmakers to potential financial ruin," it claims.

"Russians at War" was set to have its North American premiere during the Toronto International Film Festival, but screenings had to be postponed to Tuesday due to threats of violence against TIFF staff and operations, organizers said.

The film's director, producers and TIFF organizers have all rejected claims that the documentary promotes Russian propaganda, saying it was filmed without the knowledge of the Russian government and without any kind of financing from Russia.

This report by The Canadian Press was first published Sept. 19, 2024.