UKRAINIAN PRO HOCKEY UPDATE

by Ihor Stelmach

Ukrainian player smuggled into U.S.

The Ontario Hockey League (juniors) ordered one of its highest profile coaches stripped of his general manager duties after an 18-year-old Ukrainian hockey player was twice smuggled across the Canada-United States border in the lower baggage compartment of the Barrie Colts' team bus.

Bill Stewart was demoted from GM-coach to coach after a league investigation in mid-January confirmed the former NHL player and coach was the person responsible for hiding Ukrainian defenseman Vladimir Chernenko amid team equipment bags during two separate border crossings last year.

Chernenko did not have the necessary papers to enter the United States, yet made illegal entries on October 16 for a Colts' regular season game at Plymouth, Mich., and December 4 for a game in Erie, Pa. The first border crossing took place at the Bluewater Bridge between Sarnia, Ontario, and Port Huron, Mich. The second crossing was at the Peace Bridge between Fort Erie, Ontario, and Buffalo, N.Y.

On top of Stewart's demotion and the commensurate loss in pay - $25,000 over three years - the Barrie Colts' organization was ordered by the OHL to assume the costs of a league-wide immigration education program and policy, to be instituted in the near future. None of any of the above sanctions were made public.

"It was concluded that Bill Stewart acted inappropriately," said OHL commissioner David Branch, who conducted a formal disciplinary hearing with Stewart on January 28. "He exercised poor judgment."

Branch said he opted not to make the two incidents or punishments public because "there was a sensitivity towards the ramifications on a number of individuals, notably the player involved. We felt we had an obligation and responsibility to handle this in a decisive fashion and we felt like we did that. We didn't feel we were obliged to make public the punishments. Our solicitors made contact with immigration authorities to see what our obligation was. We feel we satisfied that obligation with how we handled the situation."

Stewart, who was interim head coach of the New York Islanders last season and then signed a three-year contract to be coach-GM of the Colts, issued the following statement to the London (Ontario) Free Press and The Hockey News: "The situation has been dealt with by the league and the Barrie Colts, and both parties have put this matter behind them."

It remains to be seen if the U.S. immigration authorities will choose to do the same after first hearing about both incidents from the above two Canadian publications.

"Based on what you have told me, we have what we consider to be an alien smuggling," said Winston Barrus, acting district director for the U.S. Immigration and Naturalization Service in Buffalo.

Barrus said any alien who aids, abets or encourages any other alien to enter the U.S. illegally could be banned from entering the country. He said that ban is for lifetime, "unless the law changes." A person can apply for a waiver, and it may be lifted if it is determined the person is rehabilitated and won't engage in the same act again. He added that unless the person who aided or abetted the alien has done it for commercial gain or a death results, there is no criminal prosecution.

"They're very lucky no harm came to this person," Barrus said. "It was an act of stupidity. It was a very foolish thing to do without thinking through the ramifications."

Chernenko, since traded from Barrie to the Owen Sound Platers and then again to the Sudbury Wolves, has a visa that allows him to live and play junior hockey in Canada. In order to enter the U.S. to play a hockey game there - the 20-team OHL has two U.S.-based franchises - the Ukraine national needs a multi-entry visa. Generally this visa can be obtained in the course of a couple of days by visiting any U.S. Consulate and paying a fee of $195.

Obtaining such a multi-entry visa is considered standard operating procedure for teams in the OHL, which constantly cross the international border to play games in Erie and Plymouth, or travel in the United States to go from one city (such as Windsor, Ontario) to another (such as Sault Ste. Marie, Ontario). For games in Erie and Plymouth alone, the border could be crossed as many as 62 times, representing 31 matches in each city.

U.S. immigration authorities said they have no interest in pursuing or sanctioning any alien if he's no longer in the United States. However, Canadian immigration authorities said they could review the status of any individual who's in the country on a visa and makes an illegal border crossing to the United States.

"There is no charge after the fact," Barrus said. "If Chernenko had remained in the United States for a period of longer than six months or if he had been intercepted or apprehended, then he would have been subject to criminal prosecution."

Chernenko is represented by Calgary-based player agent Vladimir Shushkovsky of AKT Sports Management. Shushkovsky was not available for comment, but AKT Sports President Anton Thun of Toronto said Chernenko would have no comment on the incidents.

In a brief comment to The Hockey News, Thun said: "What we have here is a nice kid and he's just a kid with limited English, who doesn't understand the system, the ins and outs of immigration and travel between Canada and the United States."

"He's just a hockey player and hockey players, especially those from Vlad's background, have been taught to do what their coaches and teams tell them to do. Beyond that, there's not much else to say. Vlad just wants to play hockey."

Chernenko's current team, the Sudbury Wolves, is in the process of getting him the required forms and paperwork to enter the United States, even though Sudbury has no more regular-season visits to the United States. A crossborder trek to the OHL championship series remains a possibility.

"We haven't got it done, but it will be done," said Wolves' Coach-GM Bert Templeton, who, ironically enough, held the same title with the Barrie Colts a year ago. "We're well aware of the situation and it can be done in three or four days."

Chernenko has the option to apply for this year's NHL entry draft, although he is not yet considered a true blue-chip prospect.

The OHL was originally made aware of the incident in mid-January when an executive from a member-club called the league office to hint some sort of smuggling may have occurred. Commissioner Branch then made immediate contact with Barrie's president Jamie Masse. The two conducted a joint investigation which resulted in a fact-finding hearing with Stewart on January 28. Branch agreed to the demotion and loss of pay in lieu of a suspension.

"A number of different options were considered," Branch said. "The action we took was deemed to be most appropriate."

Colts' President Masse responded to questions about the situation in a prepared statement jointly issued by the league and the Colts. "The Barrie Colts regret what has happened and have co-operated fully with the commissioner in his investigation," Masse said.

"The Colts have and continue to acknowledge the seriousness of the matter and in conjunction with the commissioner's office have dealt with it expeditiously, decisively and responsibly to protect the well-being of the league and its players ... The Barrie Colts will continue to work with the league to ensure that a similar incident does not occur in the future."

No details of the two illegal crossings were available. Exactly when Chernenko was placed into the lower baggage compartment and how long he remained there has not been divulged. A spokesman for the London (Ontario) Police Department said the Highway Traffic Act of Ontario doesn't specifically prohibit a person from being transported in such a manner.

Barrus said he cannot stress enough the perils associated with smuggling a human being across the border, especially in a baggage compartment. He said that, besides the illegality of the act, there is a variety of related physical dangers, including carbon monoxide poisoning and the possibility of a collision, shifting of the load or bay door opening. "This was an incredible, irresponsible act," Barrus said.

Now that the incidents have been publicized, Masse said there are no plans for any additional disciplinary action against Stewart.

"We saw no reason to subject the parties involved to further review, given the measures we took in January," Masse said.

Needless to say that an image-conscious league like the OHL, which competes to recruit the best junior coaches and players in the world, never wanted a mess like this to happen.

"Any time there is an issue of this nature, there's a concern," Branch said. "We hope people understand we responded in a responsible fashion and that it's an isolated situation that doesn't reflect what our league is all about. We would hope that it doesn't have a damaging effect on our league's image."

Barrus said he didn't anticipate any sanctions against the OHL: "The immigration law deals with individuals, unless there was a conspiracy orchestrated by the league. We would have to ascertain when did they know, how they dealt with it. (But) there's no reason to believe the league is involved in any conspiracy."

(Quotes courtesy of Jim Cressman, OHL correspondent for The Hockey News.)

Copyright © The Ukrainian Weekly, March 19, 2000, No. 12, Vol. LXVIII

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