News

The Supreme Court of Canada has declined to interfere in a bitter dispute over the burial site of a Mountie slain in a 2005 massacre in Mayerthorpe, Alta.

A decision from the court on Thursday not to hear an appeal in the case was a triumph for Constable Leo Johnston's widow, Kelly Johnston, who believed that her husband would have wanted to be buried in the RCMP national cemetery in Regina.

Constable Johnston was one of four Mounties killed in Mayerthorpe during a shootout with an enraged local man – James Roszko – on March 3, 2005. After leading the officers into a trap and killing them, Mr. Roszko killed himself.

Constable Johnston was buried in Lac la Biche, about 200 kilometres northeast of Edmonton.

About two months after he was buried, Constable Johnston's wife became aware that there was a special cemetery for members of the RCMP at Depot, Sask. On April 27, 2007, she applied for a permit to disinter his remains and reinter them at that cemetery.

The dispute quickly blew up into a highly charged, national story.

Shortly afterward, the director of Vital Statistics for Alberta advised Mr. Johnston's parents – Grace and Ronald Johnston – that it had approved Kelly Johnston's request to have the body exhumed and reburied in the RCMP cemetery.

In opposing the exhumation, Constable Johnston's parents argued that his grave should not be disturbed because it is near his Métis ancestors. At one point, they and a group of supporters even blocked access to Constable Johnston's grave in an attempt to prevent workers from exhuming their son's remains.

Ruling in favour of Kelly Johnston (who also goes by the name, Kelly Barsness), the Alberta Court of Appeal noted that she was both Constable Johnston's widow and the administrator of his estate. As such, it said that she had the right to determine what was done with the Mountie's remains.

Following Kelly Johnston's triumph in the Alberta Court of Appeal, her lawyer, Chelsea Bailey, was quoted as saying: ”Leo died upholding the law. Kelly hopes the protesters and those opposed to this decision will honour Leo by respecting the law and the court's decision.”

Grace Johnston said at the time that she was ”absolutely devastated” by the court ruling. ”All we wanted was for Leo's wishes to be honoured, that he wanted to be at home.”

Two men – Shawn Hennessey, 28, and his brother-in-law, Dennis Cheeseman, 24 – still face first-degree murder charges in the deaths.