Hockey player may be denied entry into Canada after arrest for DUI

Arrest may result in NHLer being denied entry into Canada

Edmonton Oilers Goalie Nikolai Khabibulin was found guilty last week of extreme DUI, excessive speeding and a blood alcohol level of .164, which is more than twice the legal limit. He was sentenced to 30 days in jail by the judge in an Arizona courtroom, where the crime took place in February.

A month, or 30 days in jail, is the minimum sentence for the offences, and Khabibulin has also been ordered to attend a treatment program along with paying fines of over $5,000. While 30 days in jail is the minimum sentence in the United States, jail times of that extent are rarely given out for similar crimes in Canada.

Despite this, one major issue for Khabibulin, born in Russia, is that the impaired driving offences in question are punishable under the Criminal Code, which made him criminally inadmissible to Canada under Canadian immigration law as soon as he was convicted. He is not a Canadian citizen or a permanent resident, so it might make things difficult.

Khabibulin’s lawyer filed an appeal immediately after the sentence was handed down, but if the appeal is denied, he may be able to apply for a Temporary Resident Permit (or TRP) in order to be admitted to Canada. TRPs are usually difficult to get and are approved in exceptional cases.

However, according to Global News the fact that his employer is supporting him, the fact that Khabibulin did not injure or kill someone and that it was his first offence can work in his favour when immigration officials determine the advantages to letting him back into Canada.

Denied entry into Canada? Contact Niren and Associates immigration law firm.

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Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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