Evander Kane could face NHL discipline for alleged COVID protocol violations
The initial flurry of interest in forward Evander Kane in the days since becoming an unrestricted free agent on Sunday seems to have cooled in the last 24 hours as teams await further information.
That’s after NHL deputy commissioner Bill Daly sent a memo to all 32 general managers on Wednesday, which was obtained by Daily Faceoff, that indicated that Kane could potentially face discipline from the league for violation of COVID-19 protocols over the holiday break.
The memo said that the NHL has “launched an independent investigation into the circumstances pursuant to which Mr. Kane travelled cross-border during the Holiday Period, and whether such travel was conducted in accordance with applicable law both in the U.S. and Canada.”
The memo then said that the investigation should not be long in duration, however, it will depend on the cooperation of Kane and his agent, Dan Milstein, “as well as whether the facts may compel a disciplinary hearing before the Commissioner.”
Kane is still free to sign with any NHL team, but that last line is likely the one that gave interested teams considerable pause.
Kane, 30, was suspended on Oct. 18 by the NHL for the opening 21 games of the season for “violation of, and lack of compliance with, the NHL/NHLPA COVID-19 protocols.” That suspension cost Kane nearly $1.8 million in forfeited salary; it was not appealed by Kane through the NHL Players’ Association.
It stands to reason, then, that if Kane is found to have again violated COVID-19 protocols as alleged, that a second and subsequently more harsh suspension could be meted out by commissioner Gary Bettman for further violation of protocols.
Kane reportedly tested positive for COVID-19 on Dec. 21 while playing with the AHL’s San Jose Barracuda. He then allegedly flew to his hometown of Vancouver, B.C., on Dec. 29 without proper medical clearance.
If those allegations are established as fact, it is also possible that Kane could face a criminal investigation for giving false testimony and violating the Canadian federal Quarantine Act.
According to the Government of Canada, no person who tested positive for COVID-19 is permitted to board a “public flight” until “15 days have passed.” The Sharks alleged that Kane traveled eight days after his positive test, in violation with federal law.
Kane must have attested to his compliance with the law using the Canadian Border Service Agency’s “ArriveCAN” mobile phone application when entering into Canada by air. In addition, Kane may have also been in violation with U.S. law, if he attested in a similar manner with an airline prior to boarding a flight originating on American soil.
Failure to comply with the Canadian federal Quarantine Act “may result in fines, imprisonment or both,” including six months in prison and/or $750,000 CAD in fines. It is unclear at the moment whether or not either federal government will pursue investigation into Kane’s travel.
Potential criminal implications aside, if Kane were subjected to further NHL discipline that could include a lengthy suspension, that alone may be enough to scuttle an imminent return to the ice.
Separate to all of this, the NHLPA officially filed to grieve the Sharks’ termination of Kane’s contract on Sunday, and intends to pursue an expedited hearing with an Impartial Arbitrator. The Impartial Arbitrator ruling on the case will be the Hon. Richard A. Levie, a retired District of Columbia Superior Court judge, who has also arbitrated professional sports cases for the National Basketball Players’ Association.
There has been no shortage of interest and intrigue in Kane since his contract was terminated by San Jose.
Daily Faceoff learned upwards of 16 different teams contacted Milstein about the consistent 30-goal winger since Saturday to express varying degrees of interest. Kane reportedly narrowed down the list to two teams after conducting virtual interviews with front offices, a finalist group that reportedly includes the Edmonton Oilers, though that may be on hold until more clarity can be gleaned by teams on Kane’s status with the independent investigation.
Kane’s agent, Milstein of Gold Star Hockey, declined to comment on how potential league discipline may impact his client’s process to return to the ice.
Here is a copy of the NHL’s memorandum that was distributed to teams on Wednesday and obtained by Daily Faceoff: