Based upon an article I read this afternoon in The Guardian, I am reiterating my stance about Russia and Ukraine. It appears that Russia has more control over our NHL than the decent citizens of the United States and Canada do, and I personally am not okay with that standard.
Source: CTV News
The answer to the above question will depend on who you ask. If you asked the President of the United States, it appears the answer would be yes as he stated in the video above: ” . . . . Starting tomorrow and continuing in the days ahead, we will also impose sanctions on Russia’s elites and their family members. They share in the corrupt gains of the Kremlin’s policies and should share in the pain as well.”
If you ask Dominik Hasek, former NHL goalie from the Czech Republic, the answer would also be Russian players in the NHL should be displaced. The Czech Republic was invaded by Russia in 1968 (Czechslovakia) in order to force Czech Republic back into communism after the start of the Prague Spring. Hasek took to Twitter and wrote:
What!? Not only an alibist, a chicken shit, but also a liar! Every adult in Europe knows well, that Putin is a mad killer and that Russia is waging an offensive war against the free country and its people. The NHL must immediately suspend contracts(contin)https://t.co/BQnQaf76L7
— Dominik Hasek (@hasek_dominik) February 26, 2022
The NHL must immediately suspend contracts for all Russian players! Every athlete represents not only himself and his club, but also his country and its values and actions. That is a fact. If the NHL does not do so, it has indirect co-responsibility for the dead in Ukraine.
— Dominik Hasek (@hasek_dominik) February 26, 2022
I also want to write, that I am very sorry for those Russian athletes, who condemn V. Putin and his Russian aggression in Ukraine. However, at the moment I also consider their exclusion a necessity.
— Dominik Hasek (@hasek_dominik) February 26, 2022
Source: The Telegraph
However, voiding Russian players’ contracts by the NHL could prove difficult if one remembers many folks wanting Evander Kane’s contract voided this year. Voiding an NHL player’s contract requires the NHL to establish that the contract was materially breached. Paragraph 14 of every NHL contract, the language that Paragraph states a contract may be terminated if a player shall at any time:
(a) fail, refuse, or neglect to obey the Club’s rules governing training and conduct of Players, if such failure, refusal or neglect should constitute a material breach of this SPC.
(b) fail, refuse or neglect to render his services hereunder or in any other manner materially breach this SPC.
A material breach is difficult to prove and goes to the root of the contract. A material breach substantially deprives a player of the whole benefit of the contract.
While the NHL may not be able to rely on the material breach theory in invalidating Russian player contracts, it may be able to use the morals clause. The moral clause provides that a player must “conduct himself on and off the rink according to the highest standards of honesty, morality, fair play, and sportsmanship, and to refrain from conduct detrimental to the best interest of the Club, the League or professional hockey generally.” It is a contractual provision that gives the NHL the right to remediate or terminate a contract if a player (aka breaching party) engages in misconduct that might adversely impact the League’s or team’s reputation(s).
With the ICC looking into war crimes against Russia for its actions during the current invasion of Ukraine, there could be a valid argument–although a stretch–that Russian athletes association with Vladimir Putin or the Kremlin would damage the League’s reputation. That argument would pass muster with the public knowledge of a stance of support for the invasion or a relationship with the Russian President or the Kremlin. The argument could then be made of those athletes are accomplices or accessories.
In the above case, then President Biden and Hasek would be correct and those athletes should share in the pain as well by having their contracts voided . . . . especially now.