The latest from Canadian Press:
Historical inaccuracies have forced the CBC to pull the movie about the life of medicare founder Tommy Douglas from its future broadcast schedule.Tommy Douglas is the father of Canadian Medicare. He's also the only socialist to ever lead a government in North America. And for current Trivia buffs, he's the grandfather of 24's Kiefer Sutherland. Tommy Douglas is a big deal in Canada -- he was voted "The Greatest Canadian" in a TV special a couple years back. The movie, "Prairie Giant," was originally supposed to air in January, but the CBC pulled it because of the Canadian Federal Election (whilst still running a very anti-medicare documentary. Go Figure.) It finally aired in March, to almost a million viewers between the two nights (which is pretty good by Canadian standards...equivalent to about 30 million people watching in the USA)
The network has also halted both home and education sales of the film.
So what went wrong? According to CP:
The decision was made after the family of former Saskatchewan premier Jimmie Gardiner and several prominent provincial politicians complained that Gardiner was villified in the movie...Now, on a dramatic level, Gardiner was somewhat the villain of the piece. I'm sure he did plenty to try and keep "the socialists" at bay. One of the family's big complaints seems to be that he was portrayed as a thuggish drinker, when really he was a teetotaler.
CBC recruited an independent historian to review the film and found Gardiner's character was "significantly different" from his true personality.
In any case, it's certainly nowhere near the liberties taken in, say...Oliver Stone's Nixon.
Medicare and Tommy Douglas' legacy is still controversial -- and the people he took on -- doctors, insurers, have a lot of power. Add in the fact that health care is still a third rail issue in the U.S. and the subject around this film was bound to be fraught.
If you have any experience in TV or film, though, you're probably scratching your head right now and going, "wasn't this thing lawyered?"
Well, yeah. And that's where this case gets kind of interesting.
See, CBC has been in this position before. Years ago, a docudrama series called "The Valour and the Horror" aired. It was produced by two of Canada's most noted documentary producers, and it caused an absolute shitstorm, because among its more controversial elements, it suggested that maybe the view that we were sold of our WWII vets being totally heroic might be a bit spun. It pointed out that the campaigns of the Allied Commands' Bomber Harris could have been excessive -- even monstrous. WWII vets went crazy, and the attacks on the CBC came fast and furious. CBC eventually apologized, cut and ran, withdrew the doc, end of story. All for suggesting that maybe the firebombing of Dresden might have been, you know, excessive.
As Jeanette Slonoiowski wrote about this earlier controversy:
Publicly funded institutions are particularly vulnerable to attacks by powerful lobbies whose animosity can and does jeopardize their financial stability. The Valour and the Horror can be seen as a particularly acrimonious chapter in the continuing battle between a publicly funded institution and the taxpayers who support it. In this it is not unlike the battle waged in the United States between veterans and the Smithsonian Institute over the representation of the bombing of Hiroshima and Nagasaki.
So how does the CBC keep finding itself in these situations? Do they just have the worst lawyers ever? Or lazy fact checkers? Or what?
It atually has a lot to do with Canada's libel laws. They work differently than in the U.S. and are a lot more restrictive. The legal principle at work here is something called a reverse onus.
That makes a libel suit way, way harder to defend, because the burden shifts to the defendant to prove that things are true. I believe the way it works in the U.S. is that the plaintiff has to prove, not only that the info was false, but that the defamation was deliberately done to damage the reputation of the wronged party.
This little difference in the law means that libel suits in Canada are very easy to file, and prove, and very hard, and difficult, and expensive to defend. It means that factually based Canadian stories will always go the safest route. And it makes the potential risk for anyone telling a true or based-on-true story nearly impossible if there's any chance of anyone taking issue with the portrayal.
See how libel chill works, folks? This is one of my least-favorite things about "The Canadian Way." CTV has got to be nervous about its upcoming Conrad Black film in light of this.
Anyway. It's a shame. It really was a great movie.
(If any of you law scholars out there want to expand or clarify my points here, I welcome it. I am not, nor have I ever been, a lawyer.)






