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Evander Kane Suspended 21 Games

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The NHL has suspended San Jose Sharks forward Evander Kane for 21 regular season games without pay, for an established violation of, and lack of compliance with, the NHL/NHLPA COVID-19 Protocol. The league also released the following statement regarding the other allegations that were under investigation:

The National Hockey League also announced today that its concurrent investigation into allegations of domestic abuse made against Kane by his estranged wife, Deanna, could not be substantiated.

On October 6, Josh Dubow of the Associated Press reported that Kane was being investigated for allegations that he used a fake vaccination card. The league did not specify how the protocol was breached and indicated it would not comment further. Kane has already been away from the Sharks for the entire preseason as the investigations continued, and will now be ineligible to play for them until their game on November 30.

It has been an extremely tumultuous offseason for the Sharks and their star forward, as Kane has now been involved in three separate league investigations. Though he has been cleared in two of them, this long suspension means he won’t be able to help them for quite some time. Whether the two sides will reunite down the road is unclear, especially after a protocol violation that brought about this severe suspension.

Pierre LeBrun of The Athletic tweets that Kane is not expected to appeal the suspension. Kane has released the following statement through the NHLPA:

I would like to apologize to my teammates, the San Jose Sharks organization and all Sharks fans for violating the NHL COVID protocols. I made a mistake, one I sincerely regret and take responsibility for. During my suspension, I will continue to participate in counseling to help me make better decisions in the future. When my suspension is over, I plan to return to the ice with great effort, determination and love for the game of hockey. 

The Sharks have released a statement of their own on the extended loss of one of their top players and notably will not comment again until after the suspension is over:

While we are encouraged by Evander’s commitment to moving forward, we are extremely disappointed by his disregard for the health and safety protocols put in place by the NHL and NHLPA.

Carey Price Enters Player Assistance Program

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The Montreal Canadiens had previously stated that Carey Price was away from the team with a non-COVID illness and would not be able to practice before the start of the regular season. Today, the league announced that Price is voluntarily taking part in the NHL/NHLPA player assistance program. The program is designed to help players and their families with mental health, substance abuse, and other problems.

Canadiens GM Marc Bergevin spoke to the media and explained that he is confident that Price will return to the team at some point this season. Today, he’s thinking of the person, not the goaltender. Price will be away from the team for a minimum of 30 days, and Montreal will go with Jake Allen and Sam Montembeault as the NHL tandem.

Regardless of what has taken him to the program, the hockey world including those of us at PHR wishes Price and his family well.

Snapshots: NHLPA, Copp, Jagr

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The NHLPA has strongly encouraged its players to be fully vaccinated against COVID-19 and warned of the potential for loss of pay for those who don’t do so, reports Michael Russo and Katie Strang of The Athletic (subscription link).  The main scenario where this could happen is flying into Canada where border travel is facing heightened restrictions; commercial travelers will require proof of vaccination by the end of October and while NHL teams fly charter, they could be subjected to that same policy and not allowed into the country.  In that situation, teams could have the ability to withhold salaries for the players not allowed in.  Deputy Commissioner Bill Daly noted that over 85% of NHL players have been fully vaccinated already so this wouldn’t necessarily affect many players but it’s a scenario the NHLPA wants to prepare its membership for.

Elsewhere around the hockey world:

  • Jets forward Andrew Copp acknowledged to reporters, including Postmedia’s Paul Friesen, that his preference was to sign a long-term deal. However, Winnipeg’s cap situation after some of their additions on the back end basically forced their hand and the two sides settled on a one-year, $3.64MM pact that will walk the 27-year-old to unrestricted free agency next summer.  With roughly $63.5MM tied up in a dozen players for 2022-23 per CapFriendly (excluding Bryan Little’s LTIR-bound contract), a strong showing next season could result in Copp playing his way out of Winnipeg entirely.
  • Veteran winger Jaromir Jagr will turn 50 late in the 2021-22 season and the future Hall of Famer will spend it playing with his hometown team in Kladno in the Czech Extraliga. The overwhelming majority of players hang up their skates by that age but in an interview with Pavel Barta of The Hockey News, the veteran indicated that he’s continuing to play out of obligation more than anything else.  Jagr happens to be the owner of the team and is worried about a loss of sponsorship that could put the team in jeopardy if he decided to call it a career.  While he isn’t the top scorer he once was, Jagr had a dozen points in 19 games last season to help lead Kladno back to the top level.

Overseas Notes: Olympics, Kuhnhackl, Slepets

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Will NHL players be headed to the 2022 Winter Olympic Games in Beijing, China this year? The league’s initial schedule release suggested as much, with a break penciled in for February 7-22, but several weeks later the NHL still has yet to confirm their participation. Fortunately, the wait for a decision will not have to last much longer. NHL Deputy Commissioner Bill Daly tells ESPN’s Greg Wyshynski that the league will announce, one way or another, their intention for the 2022 Olympics by the end of the month. Wyshynski notes that multiple teams around the league had also indicated that a decision would be made in August. While Olympic participation was written in to the recent CBA extension, it was dependent on an agreement between the NHL and NHLPA and the IIHF as to terms. This has been made more difficult with the resurgent COVID-19 cases and the Games taking place in China of all places. Conversely, the league and players’ association are also concerned about the conditions that the players may be in, with Wyshynski writing that the restrictions could be even heavier than they were in the 2020 NHL postseason bubbles. If the NHL does opt to skip the Beijing Olympics, Daly confirms that the league does have a backup schedule that would fill some of the dates in that currently scheduled gap, though the logistics of such a move could be difficult for teams to manage.

  • Tom Kuhnhackl appears to be on his way out of the NHL and back to Europe. The German forward has been linked to Swedish club Skelleftea AIK, reports local source Sport Expressen. They go so far as to say that the terms of a deal have been agreed to, just not formally announced. Such a move should not come as much of a surprise. Although Kuhnhackl enjoyed a good stretch as a reliable bottom-six forward, he was unable to crack the New York Islanders lineup last season, spending the year exclusively in the AHL or on the taxi squad. As a result, the 29-year-old now heads back to Europe to take on a starring role in the SHL rather than a depth role in North America. The move will also ensure that he can suit up for Germany at the Olympics regardless of the NHL’s decision. Kuhnhackl has been stellar on the international stage for Germany in the past and will look to do so again.
  • Carolina Hurricanes prospect Kirill Slepets is not rushing to North America despite up-and-down development in Russia. The 2019 fifth-round pick has signed a one-year, two-way contract with Spartak Moscow, the team announced. An overage draft pick, Slepets is already 22 years old and after two season with KHL action, was relegated to only second-tier VHL play last season, leading some to expect he might try out a new development path. Instead, Slepets will stay put in Russia and try his luck with locking down a regular role with Spartak . A small, slippery winger, Slepets has struggled competing against the top talent of the KHL with just eight points in 43 games at the top level, but has shown his ability in the minors with 30 points in 65 VHL games. If he is to ever become a legitimate NHL prospect, especially at his age, the Hurricanes will need to see him take a major step this season or else try his hand in North America next year.

17 Players File For Salary Arbitration

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At 4pm CT today, the deadline for players to file for salary arbitration passed. Once it did, the NHLPA released the full list of 17 players who have filed. That list:

Nikita Zadorov (CGY)
Dennis Gilbert (COL)
Adam Erne (DET)
Jakub Vrana (DET)
Michael McNiven (MTL)
Juuse Saros (NSH)
Dante Fabbro (NSH)
Adam Pelech (NYI)
Victor Mete (OTT)
Zach Aston-Reese (PIT)
Adin Hill (SJS)
Vince Dunn (SEA)
Zach Sanford (STL)
Ross Colton (TBL)
Jason Dickinson (VAN)
Andrew Copp (WPG)
Neal Pionk (WPG)

Elliotte Friedman of Sportsnet notes that the Boston Bruins also filed for team-elected arbitration with Brandon Carlo in the first window, but the two sides reached a six-year extension on last month. Other restricted free agents that are arbitration-eligible but did not file can still be taken to arbitration by their clubs. The second deadline for club-elected arbitration filing is August 2 at 4pm CT. Salary arbitration hearings will be held between August 11-26, but the two sides can continue to negotiate a contract up until the time of their hearing.

It is important to note that these players who have elected salary arbitration are no longer eligible to sign an offer sheet.

NHL Upholds Nazem Kadri’s Eight-Game Suspension

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June 2: Greg Wyshynski of ESPN reports that Kadri’s hearing with the neutral arbitrator is set for Friday.

May 31: NHL Commissioner Gary Bettman has upheld the eight-game suspension that the Department of Player Safety assessed to Colorado Avalanche forward Nazem Kadri. Kadri had appealed the decision looking for a reduction, but Bettman concluded that the discipline handed out was warranted.

In the decision, Bettman notes that the NHLPA attempted to compare Kadri’s disciplinary history to that of Tom Wilson, Radko Gudas, Brad Marchand, and Zac Rinaldo, arguing that recent decisions regarding those players “illustrate the concept that if a Player plays clean for a given amount of time,” he should not be considered a player who repeatedly violates the league rules. The commissioner did not agree with this assertion, even directly examining the records of each player and comparing them to Kadri. While the NHLPA asserted that a four-game suspension would have been the correct discipline, Bettman disagreed.

The Avalanche forward can now appeal to a neutral arbitrator, though that process only examines the methodology used by the league to determine the length of the suspension and does not make a ruling on the actual incident itself. Adrian Dater of Colorado Hockey now reports that Kadri will indeed pursue this route as Wilson did in 2018. In that case, the 20-game suspension that Wilson received was reduced to 14 by the neutral arbitrator Shyam Das, the same one that Kadri will have hear his case.

Kadri has already served three games of the suspension, all Colorado wins.

2021 Ted Lindsay Award Finalists Announced

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This week, the NHL has started to release the finalists for all the major regular season awards. After the Vezina Trophy came out yesterday, the Ted Lindsay Award, given to “the most outstanding player in the NHL” as voted on by members of the NHLPA is up.

The three finalists this year are Sidney Crosby of the Pittsburgh Penguins, Auston Matthews of the Toronto Maple Leafs and Connor McDavid of the Edmonton Oilers.

Crosby, 33, is the veteran of the group and has been here several times before. The legendary Penguins center has taken home the Lindsay (which used to be called the Pearson) three times and could match Mario Lemieux for second behind Wayne Gretzky’s five should he win another this year. He hasn’t taken home the award since leading the league in scoring in 2013-14, but there’s little doubt of his impact on Pittsburgh’s season. Crosby scored 24 goals and 62 points in 55 games, finishing tenth in league scoring. The Penguins were carried by their captain all year as they dealt with injuries to everyone from Brandon Tanev to Evgeni Malkin.

Matthews, 23, is the youngest of the group and is a finalist for the first time after his outstanding season with the Maple Leafs. He would become just the second American-born player to win the award, joining Patrick Kane in the 2016 season. Though he missed four games due to injury, Matthews still won the Rocket Richard trophy for the league’s top goal scorer, leading the field by eight tallies. His 41 in 52 is a pace that would have him score 65 in a full 82-game schedule, a number that has only been reached by 12 players in the history of the NHL and none since Alex Ovechkin did it in 2007-08. It wasn’t only goals though, as Matthews finished tied for fifth in league scoring with 66 points.

Still, it’s going to be difficult for either of the first two finalists to topple McDavid, who recorded 105 points in a 56-game season. He was 21 points ahead of the second-place scorer, who happened to be his teammate and reigning Ted Lindsay winner Leon Draisaitl. McDavid was 36 points ahead of the next non-Oilers player, an absolutely incredible stat in any season, let alone a shortened one. McDavid’s point pace would have given him 154 in a full 82-game season, something that has only ever been done by Gretzky, Lemieux, and Steve Yzerman. The scoring he accomplished this season was truly historic, and it seems likely to give him his third Lindsay already in a young career. Should he win it, he’ll tie Crosby, Ovechkin, Jaromir Jagr, and Guy Lafleur with three wins.

Scheduling Notes: World Championships, Olympics, CHL Top Prospects Event

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With the NHL Trade Deadline passed and the season proceeding as planned (for the most part), not to mention the college season coming to an end with European seasons soon to follow, it may seem as though the hockey schedule has reached a quiet period. However, there are still some major events on the horizon and planning never stops, especially with numerous challenges still being faced. The next big hockey event, even before the 2021 Stanley Cup Playoffs really hit their stride, is the 2021 IIHF World Championship – and that is part of the problem. While the World Championships typically take place during the NHL’s postseason, the continued delays of the league’s schedule is going to create an even larger conundrum this year. The tournament, scheduled to take place in Latvia from May 21 to June 6, are proceeding as planned. However, the NHL regular season is currently on pace to end on May 16, if not later, due to the delays created by the recent COVID-19 outbreak within the Vancouver Canucks locker room. This means that when the World Championship begins, the postseason will have just begun and national teams will be without options from 16 NHL teams. There are still ongoing concerns related to the Coronavirus as well, reports TSN’s Darren Dreger. He notes that there are talks that the World Championship could take place in a bubble format. This could mean that new entrants are not permitted or, at the very least, would need to quarantine. Realistically, this means that players from NHL playoff teams are unlikely to play in the tournament at all and those on teams whose regulars seasons end late, they too might not be available from the get-go, if at all. The Worlds could have a very different look this year, but after the 2020 event was canceled, the IIHF seems determined to make it work one way or another.

  • The 2022 Winter Olympic Games are less than a year away and with the re-scheduled 2020 Summer Games proceeding this summer, there is little doubt that the Winter Games will happen. The NHL has not officially announced that they are returning to the Olympics, but national committees have been operating as if they will. TSN’s Pierre LeBrun notes that Hockey Canada specifically has already begun trimming their list of roster candidates for the upcoming tournament. He states that the Canadian brain trust began with a long list of possibilities but that his has been reduced by about 20% already by Doug Armstrong and his staff and the hope it to get down to a “medium list” by the end of the season. This will allow the team to hold an Olympic camp this summer to further evaluate their candidates and form a short list before next season. At that time, LeBrun notes that the yet-to-be-named coaching staff will be part of the final roster cuts. However, for this plan to proceed as Hockey Canada hopes, the NHL and NHLPA need to first confirm the return to the Olympics and then officially permit Olympic camps to be held this summer. There are still steps that need to be taken before Olympic fever can truly start to heat up ahead of next year’s games.
  • With the OHL still out of action and the WHL and QMJHL having shortened seasons, there are still efforts being made to help out NHL teams and CHL prospects alike. Dreger notes that the two leagues are working together to hold a “Top Prospects Event”, likely to be a small tournament, in early July before the 2021 NHL Draft. With this year’s draft staying put as scheduled, despite some discussion of a delay, both leagues want to do their best to make up for missed time for Canada’s top junior prospects with a chance for NHL teams to evaluate talent ahead of the draft. Planning for the event is still in its early stages, but Dreger reports that the league would like to replicate the Edmonton playoff bubble from last year for the pre-draft tournament, but will first need permission from the Albertan government. There is still clearly work to be done on these plans with not much time left, but all draft stakeholders stand to gain from the event taking place and the push will continue for as long as possible.

Snapshots: MacKinnon, NHLPA, April Fool’s

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Nathan MacKinnon’s comical misconduct on Wednesday night drew plenty of attention at the expense of Arizona Coyotes forward Conor Garland. Even in the midst of an 8-3 blowout in his favor, the Colorado Avalanche superstar lost his head in a scrum late in the third period, grappling with Garland and then picking up his opponent’s fallen helmet and bowling it back into his face. (video) While the helmet toss itself did not appear to do much damage (and has supplied many a laugh on April Fool’s Day), it was clearly a penalty. MacKinnon was handed a ten-minute misconduct and an ejection, but most expected that he could receive some supplemental discipline for the act. Well, the NHL Department of Player Safety has handed down their decision, but it isn’t what many – especially Coyotes fans – expected or hoped for. MacKinnon has been fined $5,000 for unsportsmanlike conduct, but will not be suspended. This is the maximum fine for that particular penalty, but in the big picture means little to MacKinnon. There has been mounting scrutiny over the league’s handling of egregious penalties committed by its biggest stars and the recent leniency with MacKinnon and Connor McDavid will not help their cause.

  • The NHLPA is adding a pair of noteworthy names to its staff. The Players’ Association announced today that former NHLers Ron Hainsey and Sean Bergenheim have been hired to executive positions. Hainsey, whose hiring seemingly marks his retirement after playing last season and speaking to team’s this off-season, has been named Assistant to the Executive Director for Special Projects and Development Initiatives. Bergenheim, who hung up his skates in 2018 and last played in the NHL in 2014-15, will hold the title of  NHLPA European Affairs Representative. Bergenheim’s 506 career NHL games with four teams is impressive enough, but pales in comparison to Hainsey’s 1,132 career games with seven different teams. The NHLPA adds plenty of veteran hockey know-how with these additions, while both have held administrative roles in their careers as well. As for their specific duties with the Players’ Association, the press release describes each role as follows:

Bergenheim will work closely with NHL players from Europe, and on behalf of the NHLPA on matters relating to international competitions as well as professional hockey in Europe… Hainsey will work on a variety of matters related to the administration of the CBA, media and broadcast partners, and new opportunities for marketing and sponsorship, all with special emphasis on the enhancement of player communication within the NHLPA.

  • For a daily dose of hockey history, it is worth noting that the last time the NHL had a trade deadline date in April was in the lockout-shortened 2012-13 season. Unlike today, there were a number of April 1 trades that year as well. And it was the Calgary Flames who sadly held the title of April Fools that year. The team dealt star defenseman Jay Bouwmeester to the St. Louis Blues in exchange for prospect forward Mark Cundari, the rights to goaltender Reto Berra, and a 2013 first-round pick. Bouwmeester would go on to play at a high level for seven more seasons with the Blues, going to the postseason six times and winning a Stanley Cup, before retiring this past off-season. As for the Flames’ return? Cundari played eight games over two seasons with Calgary and then never played in the NHL again. Berra played just half a season in Calgary, posting poor numbers, before being traded away for a second-round pick. That second-rounder became Hunter Smith, who played two AHL seasons and two ECHL seasons before retiring, having never seen NHL action. And the first-rounder from the initial deal? That was used to select Emile Poirier, who played just eight games over two seasons with Calgary and is currently playing in Europe. As they say, four strikes and you’re out. This is a trade that the Flames wish had only been an April Fool’s Day prank.

Evander Kane, Sharks Inform Bankruptcy Court Of Potential Contract Termination

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When San Jose Sharks forward Evander Kane filed for bankruptcy in January, just before the start of the season, there was some concern that he would not be available to play in 2020-21. While that has not been the case, a new question has arisen in relation to Kane’s bankruptcy case and his playing future: is this his final season with San Jose?

The Athletic’s Daniel Kaplan and Kevin Kurz write today that Kane, along with the Sharks, filed a motion in United States federal bankruptcy court requesting an extension on the court’s determination as to how Kane’s contract is governed by bankruptcy law and whether it should be assumed as part of reorganization. Their reasoning: as the parties to the contract, they each acknowledge a possibility of rejection of the deal, making the determination a moot point. The court has accepted this motion, delaying the case until June 7. For a San Jose team that is highly unlikely to make the 2021 playoffs, this date falls after the season is over, at which time the two sides could decide to terminate the remaining four years and $29MM of the $49MM pact that Kane signed in 2018.

Why exactly does either side wish to terminate the deal? After all, Kane is the Sharks’ second-best scorer so far this season and a perennial 30-goal, 50-point player who is well worth his value. Kaplan and Kurz posit that for both sides this is simply about saving money in the short-term. While that may seem counter-intuitive for Kane to give up so much guaranteed money, not only is the contract filed as his sole source of employment in his bankruptcy filing, but it was also used to secure many of the loans that he has defaulted on. Removal of the money promised in his contract would fundamentally change the way that his bankruptcy ruling would be organized, denying creditors of their immediate source of repayment. Essentially, the contract is all that Kane has and by removing it before his bankruptcy determination, the result would be very different. As for the Sharks, the team is happy with the play of Kane but as they endure another difficult season and consider a rebuild, $29MM in future salary could be put to better use in a time of financial hardship.

Of course, Kane’s creditors also want a say in the matter. One in particular, Zions Bancorp, has filed a motion requesting that Kane’s bankruptcy case be treated as a business under Chapter 11 rather than as an individual under Chapter 7. They claim that Kane’s losses, mostly attributed to gambling, should be considered business-related. If this change is made, with a hearing occurring later this month, than the $29MM remaining on Kane’s contract would be open to creditors and a lien would be placed on those future earnings. In this case, there would be even more motivation for Kane to terminate the deal. If the contract remains shielded from creditor access, then it is more likely to be honored by Kane and Sharks, especially in the event of a positive decision from the judge on how it should be treated.

The NHL and NHLPA are certainly watching this case closely as well, but as Kaplan and Kurz note there is not much that they can do when it comes to competing with federal law. If the Sharks and Kane decide to terminate the contract in the eyes of the bankruptcy court, that would supersede any collectively bargained rules and processes. However, if this does occur, the league and players’ association could certainly step in to prevent Kane from signing  a new deal with San Jose – or with any other team – after his bankruptcy decision has been finalized. Kane is no stranger to off-ice issues and the league may not want to further enable him and set a precedent that their rules can be warped when players get into personal trouble.

There is still much to be decided in this case, but this is now the second time that Kane’s bankruptcy case has come up as a possible hindrance to his participation in the NHL and it likely won’t be the last. With the Sharks now involved, this situation has been elevated from an individual issue to one that could impact the team, the league, and players’ rights. The case bears watching in the coming months.

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