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Tuesday, August 31, 2010

{allcanada} Khabibulin's freedom a matter of legal interpretation

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With an appeal filed in his Arizona DUI case, Edmonton Oilers goalie Nikolai Khabibulin(notes) is for now a free man, able to continue his hockey career and return to Canada. Or is he?

Mark DuBiel is Khabibulin's lawyer in Arizona. He handled the matter that resulted in Friday's conviction and Tuesday's sentence on three counts in connection with Khabibulin's drunken driving arrest. DuBiel told the Canadian Broadcasting Corporation his client was free to move about the continent.

In fact, DuBiel contends Khabibulin has not been convicted.

"He doesn't have a conviction right now because once you file a notice of appeal, the conviction is stayed," DuBiel told the Edmonton Journal. "The sentence is stayed."

That appears to contradict statements from Canadian immigration lawyer Wendy Danson to another Canadian television outlet, CTV, regarding the conviction.

"Under our immigration law, that makes him criminally inadmissible to Canada. And if he is not a Canadian citizen or not a permanent resident he's going to have some trouble coming back in," Danson told CTV.

Danson is based in Edmonton, where Khabibulin plays and would have to return for Sept. 17's start of training camp.

Once he arrives, Khabibulin will have some explaining to do—to his bosses, teammates, fans and, it appears, the local chapter of Mothers Against Drunk Driving.

"This raises the awareness—(drunken driving) happens every day," said Gillian Phillips, a spokeswoman with MADD Canada.

Plus, Khabibulin will likely hear from NHL discipline czar Colin Campbell or one of his minions. Other NHL players convicted of drunken driving have been suspended for violating the NHL's substance abuse policy.

The most-often mentioned case is that of forward Mark Bell(notes), who in 2007 was banned 15 games. However, Bell was involved in a hit-and-run crash that left the other driver injured.

Khabibulin injured no one but himself.

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