Crime Victim. OTTAWA, CANADA - The remains of an Alberta RCMP constable who was gunned down in the line of duty will head to a new final resting place after the Supreme Court of Canada declined Thursday to intervene in a family battle over his burial site. The court's refusal to consider the case means that Leo Johnston's widow, Kelly Johnston, retains the right to exhume her late husband's body from its grave in northern Alberta and move it to the national RCMP cemetery in Regina. By convention, a three-judge panel gave no reason for denying the appeal application of the late Mountie's mother, Grace Johnston, who waged a fierce legal battle to keep her son's body near his Metis ancestors in Lac La Biche, Alta., about 200 kilometres northeast of Edmonton.Johnston was one of four RCMP officers shot to death on a farm near Mayerthorpe, Alta., in March 2005 by gunman James Roszko before he took his own life. Her lawyer, Kevin Feth, said that the remains will be exhumed after a bit of a grace period for her late husband's parents."It will not happen immediately," Feth said Thursday. "Kelly wants to give Leo's parents an opportunity to let everything sink in, and not to rush matters, but it will proceed." In a response filed in Supreme Court opposing Grace Johnston's appeal application, Feth described the legal battle as a "painful and now prolonged, family dispute" that does not deserve the attention of the high court because it does not involve issues of national or public importance. About two months after her husband's burial, Kelly Johnston learned that there was a special cemetery for fallen officers at the RCMP Training Academy in Regina, known as Depot, said her response. She decided she wanted Leo Johnston's remains moved to Regina because she believes he would have wanted to be buried in the city where he got his RCMP badge and where they fell in love. "Graduating from Depot was one of the proudest moments of Leo's life," said the Supreme Court submission. "Depot was where Kelly and Leo said that they loved each other. Kelly truly believes that Leo would have chosen the RCMP cemetery at Depot as his final resting place. She believes in her heart that his interment at the RCMP cemetery is the best way to honour and respect him." Kelly Johnston secured a permit from Alberta's vital statistics director in May 2007 to exhume her late husband's body. His parents went to court to block the move, writing in an affidavit that Leo told his twin brother and fellow RCMP officer, Lee, that he wanted to be buried in Lac La Biche. The lower courts in Alberta sided with Kelly Johnston every step of the way, most recently six months ago when the Alberta Court of Appeal confirmed that a spouse outranks a mother in controlling burial of remains. The Metis National Council has lobbied on Grace Johnston's behalf, appealing earlier this year for the RCMP to intervene in the dispute to keep the dead constable's body in Lac La Biche. The council also bought newspaper advertisements urging Kelly Johnston to reconsider her decision. The fight to keep Johnston in Lac La Biche has become a bit of a cause celebre in his hometown, sparking a protest in October 2007 when his body was to be exhumed from the local cemetery. Feth said Thursday that Kelly Johnston hopes her opponents will accept the Supreme Court's final word in the case.
"Her husband died upholding the law and Kelly hopes people will now respect the court's decision," said Feth. In an application filed in the Supreme Court, Grace and Ronald Johnston said that their son, who was born, raised, worked and died in Alberta, deserved to "lay and rest in peace" in the province as a "son of Alberta." The two also contend that they objected to moving his remains to Regina because they would no longer be able to visit his grave as often as they had been, from daily to once a week.
© Copyright (c) Canwest News Service
Remains of slain Mountie disinterred to be moved to RCMP cemetery Last Updated: Monday, December 15, 2008 | 4:28 PM MT Comments49Recommend12.
CBC News
The remains of RCMP Const. Leo Johnston were disinterred from a cemetery in Lac La Biche, Alta., Monday morning, so he can be buried at the national RCMP cemetery in Regina.
Johnston's widow, Kelly, and a funeral director arrived at 9 a.m. MT to start the process which was completed by noon, according to Staff Sgt. Brian Sutherland with the RCMP in Lac La Biche, which is 220 kilometres northeast of Edmonton. Johnston was one of four RCMP officers fatally shot in March 2005 by James Roszko during a stakeout on his farm near Mayerthorpe, Alta. Roszko later killed himself. The question of where Johnston should be buried turned into a highly emotional court battle between his widow, Kelly, and his parents, Grace and Ron Johnston.
The officer's wife argued her husband would have wanted to have been buried at the national RCMP cemetery. His mother insisted it was important for her son's body to remain close to his ancestors, in accordance with Metis culture. But two Alberta courts ruled that under common law, Johnston's wife had the legal right to move her husband's body. Last month, the Supreme Court declined to hear a request from Johnston's parents to review the case, which marked the end of the court battle. Johnston's family was allowed to come to the cemetery once the body had been disinterred, Sutherland said. "Everybody was very calm. Obviously it was an emotional time for both sides, and it went off without any issue at all," he said.
Kelly Johnston's lawyer, Chelsey Bailey, declined to be interviewed on the matter Monday saying only that it was her client's hope that the matter would be handled with dignity.
∼Murdered Royal Canadian Mounted Police officer. He was joined the Force at Lac La Biche, Alberta, where he was born, and graduated from "Depot" in Regina, Saskatchewan, on April 17, 2001. Cst. Johnston was posted to "K" Division, Alberta, namely at Mayerthorpe Detachment, where he worked in First Nations Policing and General Policing.He was gunned down during the investigation of a pot op-grow along with 3 of his fellow officers in rural Alberta, Canada.
"Her husband died upholding the law and Kelly hopes people will now respect the court's decision," said Feth. In an application filed in the Supreme Court, Grace and Ronald Johnston said that their son, who was born, raised, worked and died in Alberta, deserved to "lay and rest in peace" in the province as a "son of Alberta." The two also contend that they objected to moving his remains to Regina because they would no longer be able to visit his grave as often as they had been, from daily to once a week.
© Copyright (c) Canwest News Service
Remains of slain Mountie disinterred to be moved to RCMP cemetery Last Updated: Monday, December 15, 2008 | 4:28 PM MT Comments49Recommend12.
CBC News
The remains of RCMP Const. Leo Johnston were disinterred from a cemetery in Lac La Biche, Alta., Monday morning, so he can be buried at the national RCMP cemetery in Regina.
Johnston's widow, Kelly, and a funeral director arrived at 9 a.m. MT to start the process which was completed by noon, according to Staff Sgt. Brian Sutherland with the RCMP in Lac La Biche, which is 220 kilometres northeast of Edmonton. Johnston was one of four RCMP officers fatally shot in March 2005 by James Roszko during a stakeout on his farm near Mayerthorpe, Alta. Roszko later killed himself. The question of where Johnston should be buried turned into a highly emotional court battle between his widow, Kelly, and his parents, Grace and Ron Johnston.
The officer's wife argued her husband would have wanted to have been buried at the national RCMP cemetery. His mother insisted it was important for her son's body to remain close to his ancestors, in accordance with Metis culture. But two Alberta courts ruled that under common law, Johnston's wife had the legal right to move her husband's body. Last month, the Supreme Court declined to hear a request from Johnston's parents to review the case, which marked the end of the court battle. Johnston's family was allowed to come to the cemetery once the body had been disinterred, Sutherland said. "Everybody was very calm. Obviously it was an emotional time for both sides, and it went off without any issue at all," he said.
Kelly Johnston's lawyer, Chelsey Bailey, declined to be interviewed on the matter Monday saying only that it was her client's hope that the matter would be handled with dignity.
∼Murdered Royal Canadian Mounted Police officer. He was joined the Force at Lac La Biche, Alberta, where he was born, and graduated from "Depot" in Regina, Saskatchewan, on April 17, 2001. Cst. Johnston was posted to "K" Division, Alberta, namely at Mayerthorpe Detachment, where he worked in First Nations Policing and General Policing.He was gunned down during the investigation of a pot op-grow along with 3 of his fellow officers in rural Alberta, Canada.
Crime Victim. OTTAWA, CANADA - The remains of an Alberta RCMP constable who was gunned down in the line of duty will head to a new final resting place after the Supreme Court of Canada declined Thursday to intervene in a family battle over his burial site. The court's refusal to consider the case means that Leo Johnston's widow, Kelly Johnston, retains the right to exhume her late husband's body from its grave in northern Alberta and move it to the national RCMP cemetery in Regina. By convention, a three-judge panel gave no reason for denying the appeal application of the late Mountie's mother, Grace Johnston, who waged a fierce legal battle to keep her son's body near his Metis ancestors in Lac La Biche, Alta., about 200 kilometres northeast of Edmonton.Johnston was one of four RCMP officers shot to death on a farm near Mayerthorpe, Alta., in March 2005 by gunman James Roszko before he took his own life. Her lawyer, Kevin Feth, said that the remains will be exhumed after a bit of a grace period for her late husband's parents."It will not happen immediately," Feth said Thursday. "Kelly wants to give Leo's parents an opportunity to let everything sink in, and not to rush matters, but it will proceed." In a response filed in Supreme Court opposing Grace Johnston's appeal application, Feth described the legal battle as a "painful and now prolonged, family dispute" that does not deserve the attention of the high court because it does not involve issues of national or public importance. About two months after her husband's burial, Kelly Johnston learned that there was a special cemetery for fallen officers at the RCMP Training Academy in Regina, known as Depot, said her response. She decided she wanted Leo Johnston's remains moved to Regina because she believes he would have wanted to be buried in the city where he got his RCMP badge and where they fell in love. "Graduating from Depot was one of the proudest moments of Leo's life," said the Supreme Court submission. "Depot was where Kelly and Leo said that they loved each other. Kelly truly believes that Leo would have chosen the RCMP cemetery at Depot as his final resting place. She believes in her heart that his interment at the RCMP cemetery is the best way to honour and respect him." Kelly Johnston secured a permit from Alberta's vital statistics director in May 2007 to exhume her late husband's body. His parents went to court to block the move, writing in an affidavit that Leo told his twin brother and fellow RCMP officer, Lee, that he wanted to be buried in Lac La Biche. The lower courts in Alberta sided with Kelly Johnston every step of the way, most recently six months ago when the Alberta Court of Appeal confirmed that a spouse outranks a mother in controlling burial of remains. The Metis National Council has lobbied on Grace Johnston's behalf, appealing earlier this year for the RCMP to intervene in the dispute to keep the dead constable's body in Lac La Biche. The council also bought newspaper advertisements urging Kelly Johnston to reconsider her decision. The fight to keep Johnston in Lac La Biche has become a bit of a cause celebre in his hometown, sparking a protest in October 2007 when his body was to be exhumed from the local cemetery. Feth said Thursday that Kelly Johnston hopes her opponents will accept the Supreme Court's final word in the case.
"Her husband died upholding the law and Kelly hopes people will now respect the court's decision," said Feth. In an application filed in the Supreme Court, Grace and Ronald Johnston said that their son, who was born, raised, worked and died in Alberta, deserved to "lay and rest in peace" in the province as a "son of Alberta." The two also contend that they objected to moving his remains to Regina because they would no longer be able to visit his grave as often as they had been, from daily to once a week.
© Copyright (c) Canwest News Service
Remains of slain Mountie disinterred to be moved to RCMP cemetery Last Updated: Monday, December 15, 2008 | 4:28 PM MT Comments49Recommend12.
CBC News
The remains of RCMP Const. Leo Johnston were disinterred from a cemetery in Lac La Biche, Alta., Monday morning, so he can be buried at the national RCMP cemetery in Regina.
Johnston's widow, Kelly, and a funeral director arrived at 9 a.m. MT to start the process which was completed by noon, according to Staff Sgt. Brian Sutherland with the RCMP in Lac La Biche, which is 220 kilometres northeast of Edmonton. Johnston was one of four RCMP officers fatally shot in March 2005 by James Roszko during a stakeout on his farm near Mayerthorpe, Alta. Roszko later killed himself. The question of where Johnston should be buried turned into a highly emotional court battle between his widow, Kelly, and his parents, Grace and Ron Johnston.
The officer's wife argued her husband would have wanted to have been buried at the national RCMP cemetery. His mother insisted it was important for her son's body to remain close to his ancestors, in accordance with Metis culture. But two Alberta courts ruled that under common law, Johnston's wife had the legal right to move her husband's body. Last month, the Supreme Court declined to hear a request from Johnston's parents to review the case, which marked the end of the court battle. Johnston's family was allowed to come to the cemetery once the body had been disinterred, Sutherland said. "Everybody was very calm. Obviously it was an emotional time for both sides, and it went off without any issue at all," he said.
Kelly Johnston's lawyer, Chelsey Bailey, declined to be interviewed on the matter Monday saying only that it was her client's hope that the matter would be handled with dignity.
∼Murdered Royal Canadian Mounted Police officer. He was joined the Force at Lac La Biche, Alberta, where he was born, and graduated from "Depot" in Regina, Saskatchewan, on April 17, 2001. Cst. Johnston was posted to "K" Division, Alberta, namely at Mayerthorpe Detachment, where he worked in First Nations Policing and General Policing.He was gunned down during the investigation of a pot op-grow along with 3 of his fellow officers in rural Alberta, Canada.
"Her husband died upholding the law and Kelly hopes people will now respect the court's decision," said Feth. In an application filed in the Supreme Court, Grace and Ronald Johnston said that their son, who was born, raised, worked and died in Alberta, deserved to "lay and rest in peace" in the province as a "son of Alberta." The two also contend that they objected to moving his remains to Regina because they would no longer be able to visit his grave as often as they had been, from daily to once a week.
© Copyright (c) Canwest News Service
Remains of slain Mountie disinterred to be moved to RCMP cemetery Last Updated: Monday, December 15, 2008 | 4:28 PM MT Comments49Recommend12.
CBC News
The remains of RCMP Const. Leo Johnston were disinterred from a cemetery in Lac La Biche, Alta., Monday morning, so he can be buried at the national RCMP cemetery in Regina.
Johnston's widow, Kelly, and a funeral director arrived at 9 a.m. MT to start the process which was completed by noon, according to Staff Sgt. Brian Sutherland with the RCMP in Lac La Biche, which is 220 kilometres northeast of Edmonton. Johnston was one of four RCMP officers fatally shot in March 2005 by James Roszko during a stakeout on his farm near Mayerthorpe, Alta. Roszko later killed himself. The question of where Johnston should be buried turned into a highly emotional court battle between his widow, Kelly, and his parents, Grace and Ron Johnston.
The officer's wife argued her husband would have wanted to have been buried at the national RCMP cemetery. His mother insisted it was important for her son's body to remain close to his ancestors, in accordance with Metis culture. But two Alberta courts ruled that under common law, Johnston's wife had the legal right to move her husband's body. Last month, the Supreme Court declined to hear a request from Johnston's parents to review the case, which marked the end of the court battle. Johnston's family was allowed to come to the cemetery once the body had been disinterred, Sutherland said. "Everybody was very calm. Obviously it was an emotional time for both sides, and it went off without any issue at all," he said.
Kelly Johnston's lawyer, Chelsey Bailey, declined to be interviewed on the matter Monday saying only that it was her client's hope that the matter would be handled with dignity.
∼Murdered Royal Canadian Mounted Police officer. He was joined the Force at Lac La Biche, Alberta, where he was born, and graduated from "Depot" in Regina, Saskatchewan, on April 17, 2001. Cst. Johnston was posted to "K" Division, Alberta, namely at Mayerthorpe Detachment, where he worked in First Nations Policing and General Policing.He was gunned down during the investigation of a pot op-grow along with 3 of his fellow officers in rural Alberta, Canada.
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