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CALGARY — The fight over the final resting place of a murdered Mountie might go all the way to the Supreme Court of Canada in light of a ruling Friday that found a widow's wish to move a spouse's body takes precedence over the preferences of all other relatives.
After Constable Leo Johnston was shot to death near Mayerthorpe more than three years ago, he was buried in Lac La Biche, his northern Alberta hometown. But, according to Alberta's Court of Appeal, his remains can now be exhumed and relocated to the RCMP's national cemetery in Regina.
In a six-page decision released Friday, the province's highest court granted the application by Constable Johnston's widow, Kelly Johnston, to move the body, and denied the appeal of his parents, Ron and Grace Johnston, who were hoping to keep their son's grave where it is, close to their home.
“We're reviewing it, and more than likely we'll attempt to file an appeal and take steps to get a stay and go to the Supreme Court of Canada,” said Sid Tarrabain, the lawyer who represents Constable Johnston's parents.
Candles burn following a memorial service in Mayerthorpe, Alta., on the one-year anniversary of the deaths of RCMP Constables Anthony Gordon, Leo Johnston, Brock Myrol and Peter Schiemann. (The Canadian Press)
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The three-member court found no evidence that the policy decision by Alberta's director of vital statistics to grant a permit to exhume the body was improper. The court also noted that the director did not have to inform Constable Johnston's parents of the reburial plans.
“The policy sets out a priority list of those entitled to control human remains: spouse, then child, then parent etc.,” the court wrote. “… In this case, the applicant Kelly Johnston was first in priority, under both the common law and the policy rankings, with respect to control of the deceased's body. No other person enjoyed an equivalent rank to her.”
Constable Johnston was shot to death on March 3, 2005, along with three other officers by James Roszko, who then killed himself. Constable Johnston, Anthony Gordon, Brock Myrol and Peter Schiemann were investigating a grow-op and stolen auto parts operation at Mr. Roszko's farm northwest of Edmonton.
The public disagreement over Constable Johnston's remains erupted last summer when his widow applied to move the body.
He died without a will, and his widow was named administrator of his estate. She agreed to the initial burial. but changed her mind when she later learned about the national cemetery. Ms. Johnston said she wanted to move the remains out of “love and honour and respect” and suggested that her husband of just four months would have wanted to be buried where he earned his badge and where they fell in love.
Chelsey Bailey, her lawyer, said her client hopes the decision settles the dispute “once and for all” so she can proceed with the disinterment.
“Her only thought going forward is Leo had died upholding the law and that she hopes that the protesters that she encountered previously will honour Leo by respecting the court's decision,” Ms. Bailey said.
Constable Johnston's parents complained that they only learned of their daughter-in-law's plans as the disinterment was about to occur. They sent a letter to the director of vital statistics outlining their objections and filed an application with the court to prevent the move.
But last October, the Court of Queen's Bench concluded the move could go ahead. According to documents filed with the court, Grace Johnston said her son told his twin bother Lee, also an RCMP officer, that he wanted to be buried in Lac La Biche. Supporters later stood their ground at the cemetery in attempt to prevent the exhumation.
The officer's mother told The Canadian Press that she and her husband are devastated by Friday's ruling.
“Our desire through this whole process was to have our son's wishes respected and honoured,” she said.
