Telefilm says no misconduct occurred following employee investigation

While the federal funder has "adjusted internal practices" in its project financing team processes, the investigation concluded "no harassment, discrimination or misconduct had occurred."

vanilla-bear-films-1180367-unsplashTelefilm Canada has closed its investigation into allegations against an employee, concluding no illegal harassment, discrimination, or misconduct had occurred.

Telefilm has confirmed to Playback Daily that Dan Lyon, the regional feature film executive for Ontario and Nunavut, was the subject of the investigation, and that he departed the organization on Dec. 30, 2020.

It is unclear whether the departure is linked to the allegations, as Telefilm is unable to provide further details due to privacy and confidentiality concerns, but a report from the Canadian Press states Lyon left due to illness in the family.

“The investigation was conducted by an experienced firm over several months and was very thorough. The conclusion of these experts was in my favour and I am satisfied to put the matter to rest,” said Lyon in a statement. “Any further details are confidential and I will not make any further comments.”

Lyon was tasked with approving financing for projects with budgets under $2.5 million. He had been with the federal funding agency for 15 years.

The timeline for the investigation began on July 3, 2020, when Canadian filmmaker Pavan Moondi posted an email exchange between himself and Lyon in a Twitter thread that critiqued his “unpredictable and disconnected” taste in film, asking him to step down and make way for a decision-making team that “actually reflect the diversity of this country.” In the following days filmmaker Melissa D’Agostino alleged on her now-private Twitter account that Lyon made a sexually inappropriate comment ahead of a meeting at Telefilm to discuss a screenplay.

Telefilm soon launched an investigation with third party firm le Cabinet RH, held in conjunction with independent intercultural specialist Dr. Myrna Lashley, to “assess the facts” regarding the employee and “assess our complaints process in order to determine whether it is adequate for information of this nature.”

According to Telefilm, “it was concluded that no harassment, discrimination or misconduct had occurred, pursuant to applicable law,” and the funder “has put into place an improved, streamlined complaints procedure, and has adjusted internal practices in the Project Financing team to ensure more equitable and transparent decision-making.”

When pressed by the industry, the agency stated that no data on funding allocation to racially diverse filmmakers was collected.

During the investigation, the agency went on to launch its Equity and Representation Action Plan to address issues of funding transparency and internal processes. But some organizations within the filmmaking community have raised questions of the investigation since Telefilm announced its findings on Monday.

“There needs to be transparency around how the firm conducted their investigation, who they reached out to, the parameters, the types of questions asked, and so on. We know for a fact that they never reached out to all the people on the Twitter threads,” BIPOC TV & Film founder Nathalie Younglai told Playback Daily in a statement.

BIPOC TV & Film had previously voiced concerns about Telefilm’s choice in le Cabinet RH, calling for a firm with “expertise in racial, sexual, gender and class bias.”

BIPOC TV & Film, a Toronto organization dedicated to advancing the representation of Black, Indigenous and other people of colour in the industry, issued a press release on July 7 urging Telefilm to “show us your numbers” when it came to funding productions with diverse creative teams. Telefilm responded, but the agency was unable to answer key questions, such as how many BIPOC production companies have received funding over the past five years, because “the data was not collected.”Telefilm maintained confidence in the firm, adding that it would “continue to listen to our industry partners as the organization moves forward in delivering our Equity and Representation Action Plan.”

Younglai also questions the transparency of the new complaints procedure and adjustments to their internal practices, saying Telefilm should “publish their new policies on their website in a timely manner.”

“We have been happy to be part of ongoing consultations with Telefilm about how they will support and nurture the Black, Indigenous, and people of colour creative communities, but these questions need to be addressed as we hope this lack of transparency doesn’t undermine and erode the trust and commitment that has been building and that is so necessary for the growth and evolution of our industry,” she said.

In response to Younglai’s comments, Telefilm told Playback Daily they “cannot fully comment on the details of the investigation or provide further details on the identity of the complainants, as they remain confidential, though we can say that the investigation was thorough.” Read the full response below:

“Complainants who sent a formal complaint to Telefilm were directed to le Cabinet RH and participated in the investigation. Safeguarding the process and anonymity of complainants is part of the process. Staff were not, and will not, be made aware of the identities of those who participated in the investigation as it was confidential,” wrote Telefilm.

“The formal complaints process has also been addressed in full transparency on this page, as well as noted on the general contact page. This process was communicated with the industry and in the summer via both social media and traditional media.

“Further adjustments to policies will come as a result of recommendations submitted by le Cabinet RH as part of their investigation, as well as improvements to procedures once we finalize the ongoing consultation process and program redesign. Ideas addressed such as expanding jury-based decision-making and improving data collection are already underway. In addition, Telefilm created new roles dedicated to supporting Racialized Filmmakers, as well as the hiring practices that were set out in the Equity and Representation Action Plan. Moreover, in December 2020, Telefilm revised its Policy of Respect in the Workplace, reflects Telefilm’s commitment to providing all employees with a work environment that promotes dignity and respect.

“Telefilm recognizes that these conversations are both uncomfortable and necessary. Telefilm is encouraged and grateful by the open dialogue with the industry.”

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