Khabibulin's Pending Border Troubles From GlobalTV
by Derek Zona on Aug 31, 2010 8:00 PM MDT
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PrintThere's one side of the Extreme DUI story which I've been unable to cover thus far, though not for lack of trying, and that's the troubles that Nikolai Khabibulin will have entering Canada. None of the immigration lawyers that I've talked to thus far have any interest in going on the record, though I don't know if it's because it's for The Copper & Blue, or because of the case itself. Thanks to our outstanding community, however, we get what I believe to be the first in-depth mainstream coverage of the case and the first coverage from the Canadian government's standpoint, and remarkably it comes from GlobalTV.
From frequent commenter Downright Fierce*:
Erin Chalmers covered the reKhab sentencing for GlobalTV. [Skip to 2:00 for the interview] Her take:
As soon as Khabibulin was convicted… he was immediately deemed Criminally Inadmissible to Canada… Say the appeal is denied, he then has to go through quite a rigorous process… [that] can take a year if not longer… He could apply for a Temporary Resident permit, which would allow Khabibulin back into the country but under special circumstances.
Global then cut to Wendy Danson, an immigration lawyer from McCuaig Desrochers LLP:
Immigration wants to see the reason for their entry, the urgency, whether it’s justified in all of the circumstances of the case, and the individual needs to make a compelling case… What the officer’s assessing is what is the risk to Canadians or to Canada by letting in a criminal. On the other hand, what are the advantages… to letting that person in.
Chalmers added: If the person’s employer is behind the individual and wants to see them to come across the border, that will definitely help their case. Chalmers went on to mention that reKhab would be further aided by the fact that it is first conviction and that there was no injuries or fatalities.
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So there you go...that’s the best info I heard all day regarding the Canadian border issue.
*Special thanks to Downright Fierce for transcribing the above report.
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Where’s my Kafak, dammit?
Hockey Wilderness
Assistant Editor:SBN Minnesota
Rule #17: You may not impersonate representatives of Hockey Wilderness and handout NHL themed wrist bands.
Or… Kafka even.
Hockey Wilderness
Assistant Editor:SBN Minnesota
Rule #17: You may not impersonate representatives of Hockey Wilderness and handout NHL themed wrist bands.
Just a lucky guy who's quick with the PVR remote
Thanks Derek! I was looking into some clarifications before starting a FanPost, but got caught up on a couple of points.
Chalmers mentions a “rigorous process,” which I can only interpret to mean the application for re(K)habilitation. Yet, as far as I can tell, Nikolai’s ineligible for that until at least 5 years after the sentence has been served.
The Temporary Resident permit would suit the Nyet Minder’s needs, but, from what I’ve read, they’re only issued “for reasons of national interest or on strong humanitarian or compassionate grounds.” Not sure if backstopping the reigning worst team in the NHL qualifies, but it might be close.
There seems to be some flexibility considering the lawyer’s comments, but the only conclusive information I’ve seen is that the final call comes down to the immigration officers at ports of entry. The saga continues…
by Downright Fierce on Aug 31, 2010 9:02 PM MDT reply actions
Nyet Minder
That was horrible.
I loved it.
SNN Sports - A theoretical Oilers blog (i.e. theoretically, I write stuff there). Link now 100% less broken.
Hahaha saw it on his Wikipedia page and couldn’t resist.
by Downright Fierce on Sep 3, 2010 9:47 AM MDT up reply actions
VIdeo’s up.
http://www.globaltvedmonton.com/video/index.html
Click on News Hour: Aug 31. It’s the first segment, Chalmers starts in at about 2:00.
by Downright Fierce on Aug 31, 2010 11:43 PM MDT reply actions
By the sounds of it, your employer can lobby for you and impact the decision (which is no doubt what the Oilers plan to do).
If you look at the process involved there are a couple of things that jump out:
What the officer’s assessing is what is the risk to Canadians or to Canada by letting in a criminal
I think we can agree the danger pretty low. Khabibulin doesn’t have a history of this so he can pass it off as a one time “I screwed up” sort of thing. Don’t get me wrong, it drives me batty when people drive drunk, but I’m also being realistic here.
On the other hand, what are the advantages… to letting that person in.
Here can be a bit tricky. They can pass it off as he’s a person who can help influence younger people. He can go and speak at schools and that and hopefully (because of who he is), help someone to not make the same mistakes. He has a lot more pull because of what he is than most people would, especially in this country.
All in all, I think there’s a pretty good chance he’s allowed back into Canada. I’d rather he wasn’t (firstly I don’t like his contract, secondly I don’t like what he did and him being a hockey player shouldn’t afford him special benefits in this instance).
In theory, there is little difference between practice and theory, but in practice there is!
I agree whole-heartedly with this. If the team goes to bat for him, and I think they will, there’s very little chance that he has any trouble.
by Scott Reynolds on Sep 1, 2010 10:08 AM MDT up reply actions
And the team should expect enormous backlash for getting their goaltender special treatment.
Editor of The Copper & Blue, and leader of The Cult Of Hartikainen.
I actually don’t think they will, although maybe I underestimate organizations like MADD. If they start picketing at Oilers’ games I’d be pretty surprised. I guess it depends on what you means by “enormous”. I’m taking that to mean backlash greater than, “a few people will write an unfavourable article and many Edmontonians will be angry but won’t do anything about it”.
by Scott Reynolds on Sep 1, 2010 10:33 AM MDT up reply actions
If Khabibulin has a lick of sense – and the jury remains out on that too – he’ll make a big donation to MADD and do some, uh, “community service” on their behalf. Among the items requiring rehabilitation is his reputation, and it’s going to take a lot of work on his part to restore some semblance of that. Not sure that “not guilty” and “appeal” are necessarily the way to start down that road, especially if he will be effectively muzzled from the time he returns until the time the appeal is heard. He’s going to need a thick skin to survive the home games, let alone the ones on the road.
Writer for The Copper & Blue and primary shareholder of Zorg Industries
"Never be ashamed of who you are" -- Jean-Baptiste Emanuel Zorg
by Bruce McCurdy on Sep 1, 2010 10:50 AM MDT up reply actions
At least people can’t throw shit on the ice anymore. The number of Smirnoff Ice cups he’d be wearing…
Actually, wait, why am I pretending that’s a bad thing? Damn you, Florida Panthers fans!
SNN Sports - A theoretical Oilers blog (i.e. theoretically, I write stuff there). Link now 100% less broken.
Why can’t we throw shit on the ice anymore?
Oh no, the team we all hope for a lottery pick gets a penalty because the fans littered the ice? What’s the downside?
All joking aside, please do not throw stuff on the ice… unless it’s a hat, steak or octopus. Be wary of the last 2 though. I was in the Joe for game one of the Oilers-Wings series in ‘06 and the first cephalopod didn’t quite make it over the glass. It bounced off and landed about 2 rows back, much to the chagrin of the lady sitting there.
In theory, there is little difference between practice and theory, but in practice there is!
Was there a flying cephalopod warning in the fine print of your ticket stub?
That anecdote kinda summarizes the Wings performance in the subsequent series.
Writer for The Copper & Blue and primary shareholder of Zorg Industries
"Never be ashamed of who you are" -- Jean-Baptiste Emanuel Zorg
by Bruce McCurdy on Sep 2, 2010 8:56 AM MDT up reply actions
This will indeed be a mess FOR Habbi!
I suspect that this (The border problem) is the main reason Habbi is appealing the decision but the decision to appeal the verdict has risk as it delays his getting to jail and hence his getting out and playing in net. I suspect the greater problem here is indeed the border as his actions show. If the lawyer was confident he could easily and in an expeditious manner deal with the border problem then I suspect Habbi would have gone to jail to be out in time for regular season. This appeal could delay his going to jail by a month or more then they will have to fix the immigration problem. Personally I am not impressed with his lawyer. Any lawyer whom mounts a defense that says “I am guilty but not as guilty as I have been accused of” Is a lame way to try to get off in a case with minimum sentencing. He would of been farther ahead to plead guilty to the lesser charge in a plea-bargain, any way its a mess. I expect one of two things are going to happen Habbi will show up to play at the earliest in December or he will get a new lawyer and be delayed even longer. The Oilers are effectively down to three goalies with at least one ending down at the farm. I expect them to finish low in the standings but to also score more goals than last year.
by Sheldon Oilers Fan for Life on Sep 1, 2010 8:00 AM MDT reply actions
Sheldon, take a read through this:
http://battleofalberta.blogspot.com/2010/08/justice-delayed-is-contract-youre-stuck_31.html
We are likely to have the Sneaky F—-in’ Russian at camp and for as many games he can play before his new back explodes.
Gee, thanks bogged down American Judicial Branch that favours the rich!
by Downright Fierce on Sep 1, 2010 9:14 AM MDT up reply actions
Given that their defense was intended to get Khabibulin convicted of a lesser charge, it seems extremely unlikely that there was a plea deal available to him for same.
by Scott Reynolds on Sep 1, 2010 10:34 AM MDT up reply actions
Wow that was a load of information!
OK so maybe Habbis Lawyer is not so dumb after all! This is sure a soap opera. I really do not expect the Oilers to void the contract but I do expect Habbi to be a mess when he does start to play. If that means he gets sent down to the farm so be it. ( I do not expect that would ever happen but I can wish.)
by Sheldon Oilers Fan for Life on Sep 1, 2010 10:00 AM MDT reply actions
Entry Concerns Overblown
Not to belabor the obvious, but DUI is a felony in Canada that’s why one is considered not worthy of entry.
However, I have been able to enter Canada twice in the last 5 years with a DUI on my record. The first time I had to pay C$200 for a visa, the most recent occasion(end of May) I received a work permit.
I’m guessing that Kabibulin will be able to get this sussed(especially if he hires a driver)
His bigger problem is the alcohol counseling session he’ll have to take in AZ as part of his probation. Unless he can convince a judge that they’ve found an accredited group in EDM that will submit all the necessary paperwork to the court he’ll have to spend 60-80 hours in group counseling in Phoenix after getting out of tent city. I know he is appealing so I suppose he can push it back til next Spring(after the Oilers are eliminated) but that will take up a lot of time in the offseason.
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