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An elusive peace.


The Alberta Court of Appeal has ruled that the widow of Mountie Leo Johnston has the right to determine where he will be buried. She wants to move his body to the RCMP cemetery in Saskatchewan from its present resting place in Lac La Biche: his parents wish it to remain where it is. The Court ruled that the policy, set by the Director of Vital Statistics for the province, is clear. "The policy sets out a priority list of those entitled to control human remains: spouse, then child, then parent etc ... In this case, the applicant Kelly Johnston was first in priority, both under common law and the Policy rankings with respect to control of the deceased's body. No other person enjoyed an equivalent rank to her." The parents are still advocating their position, and are considering an appeal to the Supreme Court of Canada. A national Metis group has taken out advertisements asking the widow to reconsider.

Johnston v. Alberta (Director of Vital Statistics) 2008 ABCA 188

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Title Annotation:Canada
Author:Mitchell, Teresa
Publication:LawNow
Geographic Code:1CANA
Date:Sep 1, 2008
Words:169
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