Protest the Disinterment of Cst. Leo Johnston

Constable Lionide (Leo) Johnston was born on April 11, 1972 in Lac La Biche, Alberta. Leo completed training at Depot in Regina on April 17, 2001, and was posted to K division, Alberta, at the Mayerthorpe Detachment. On March 3, 2005 Leo was one of the four RCMP officers killed by known cop-hater, James Roszko, who later killed himself. Leo was survived by his wife, Kelly, parents Ron and Grace, twin brother Lee (also an RCMP officer), and sister Nancy. 

Johnston’s body is currently at rest at Willow Park Cemetery in Lac La Biche. Earlier this year, Kelly Johnston made the decision to have Leo reburied in the National RCMP cemetery in Regina. Kelly believes this act of reinterment is the best way to honor and respect her husband. Leo’s parents, on the other hand, want his body to remain in Lac La Biche where he was born and raised.

Earlier this month, Kelly won a court decision permitting the removal of Leo’s body so he can be reburied at the National Cemetery in Regina. Cst. Leo Johnston was to have been exhumed on Monday October 22 but his parents along with some 30 other protesters vowed to stop the grave from being opened. The protest has temporarily halted the planned exhumation as the RCMP deemed that there was no enforcement component to the court order. The Johnston’s plan to appeal the court decision.




I am married to an RCMP member and I watched the news on March 3, 2005 with horror and disbelief. I also hail from Lac La Biche Alberta so Cst. Leo Johnston’s senseless death struck very close to my heart. My husband graduated from Depot on August 9, 1995. I remember my husband’s time away at Depot as one of intense, physical training that left him exhausted and about twenty pounds lighter. I believe that if anything getting through Depot shows the intense commitment, dedication and spirit that a person must have to become a Mountie. This coupled with risking their lives everyday makes them very much heroes in my eyes.

For many people in Canada the planned disinterment of Constable Leo Johnston is disturbing. He is a nationally recognized hero and the sanctity of his grave should be maintained. While I empathize with Kelly as she truly is motivated by pure love I also see Leo’s parents grief and helplessness as they try to keep their son’s grave from being disturbed. It has been stated by Leo’s parents that Leo told his twin brother, Lee, that he wanted to be buried in Lac La Biche. In cases involving disputes between the deceased next of kin and spouse shouldn't the deceased expressed wishes be given preference over all others even those of the spouse? If Leo expressed a desire to be buried in Lac La Biche shouldn’t his wish be respected by all those involved?

Leo is an aboriginal man indigenous to the very area that he is currently buried with lengthy bloodline and cultural ties to Lac La Biche. Three generations of his family are buried in the cemetery that he currently rests within. Grace and Ron are also against the disinterment of Leo based on cultural and spiritual beliefs. It is the belief of many aboriginal people that once a body is buried it should not be disturbed. As well, in many aboriginal cultures decisions regarding burial are often left to the next of kin rather than the spouse whether that spouse is aboriginal or non aboriginal. So my next question is should aboriginal culture and spiritual beliefs be given more consideration by the court in instances where there are disputes involving a deceased aboriginal person?

As a Canadian Citizen, Mountie’s wife, mother, aboriginal and hailing from Lac La Biche, I would like to protest the disinterment of Constable Leo Johnston. I believe his disinterment and reburial goes against his expressed wish to be buried in Lac La Biche and against his cultural and spiritual beliefs as an aboriginal person. I ask for a show of support to the Johnston Family in their fight to keep Leo home and protest his disinterment.



UPDATE -

Ladies and Gentlemen On Friday, November 16.2007 at Court of Appeal Hearing in Edmonton, Justice Watson granted a stay on the disinterment of Leo and another chance for us to be heard in the early part of the new year 2008. Date will be announced as soon as known.

Our dear Son, our communitie's, our province's Son and Hero gets to remain where He had said He wanted to be, where He is resting at peace until at least that hearing, which we hope will result in Him being truly shown the love, honour, respect and dignity that He so deserves by not allowing His remains to be disintered, CREMATED and reintered anywhere else, ever.

Kelly made the decision to have Leo buried at the time of His death two years and nine months ago at home in Lac La Biche which as His wife of 3 1/2 months was her right at that time, as the designated executrix of Leo's estate which His body became a part of. KELLY, HE IS NOT A THING, HE IS, HE WAS A HUMAN BEING LIKE YOU, LIKE I, AS ARE HIS BODILY REMAINS. Have you thought of how you might feel if your mother's son, your brother, after already having been buried was to be disintered, cremated and taken away from both, your mom and you? How about your babba? or your dad?

Please reconsider your motives as you can stop the court process at any time!

The legal question remains? Does Kelly still then retain the right, how often and for how long to request a permit and have it approved as being necessary and advisable to have Leo's bodily remains desintered, cremated and reintered elsewhere.

Did the Registrar of Vital Statistics in good concience follow its own policy and procedure's one being that it does not state that a letter of objection to the permit filed immediately after becoming aware of the approved disinternment permit and intent would not be considered?
We will never be able to thank all of you enough for all of your past and we hope continued support and prayer's. Which gives us the strength to continue our journey of what we believe is right and hopefully in the end we all will be able to KEEP LEO HOME.

Leo's Mom and Dad

Grace and Ron



A letter from Leo's parents:

Ladies, Gentlemen:

 After exhausting what we have been told is every possible legal avenue in the time frame allowed us. Attachments have been sent to Kelly Barsness (Johnston)'s Attorney's to be forwarded to her.
We as well have sent it to many other's asking that they please forwarded it.
 Even a sentenced to death criminal - was given an opportunity for a last supper.
 On October 22.2007 we have been given an opportunity to exercise our legal rights which we are doing right now. But we would still appreciate your forwarding the attached open letter to your e-mail contacts please.

Grace and Ron

to view the attachment click here

A letter to Minister Lloyd Snelgrove:

October 25, 2007
Minister of Service Alberta
204 Legislature Building
 10800 97 Avenue Edmonton,
 Alberta T5K 2B6

 Attention: Honorable Lloyd Snelgrove

 Dear Honorable Minister:

 Re: Constable Leo Johnston Burial-Lac La Biche We are writing about the disrespectful process that is being shown with the gravesite of Constable Leo Johnston. As a result, we are formally requesting that an Order in Council be issued staying the disinterment liscense issued by the director of Vital Statistics until the Director complies with his own policy.

The Vitas Policy Manual states where an objection to disinterment is received, there should be an Examination for Discovery where the Director may, among other things:
    -evaluate the reasons for the objection;
    -deny the disinterment;
    -overrule the objection;
    -request a court order be obtained; or
    -evaluate the reason for disinterring the deceased.

 In this case, there was never an investigation of the objection once is was filed because they said that if it is filed after the permit is issued, then they will not consider it. The policy does not in fact say that.

 As a result, we are asking for an Order in the Council until at the very least all those steps are taken. It would also be within the Cabinet's power to investigate this on their own and suspend the Permit while that happens. Unusual, but then, this is an unusual situation.

Please respect the gravesite of Constable Leo Johnston and grant us this request.

Yours Sincerely,

Albert Moghrabi
David Janvier
Duane Young
Lac La Biche, Alberta


UPDATE: An open letter from Grace & Ron

Ladies, Gentlemen

            After exhausting what we have been told is every possible legal avenue in the time frame allowed us. Attachments have been sent to Kelly Barsness (Johnston)'s Attorney's to be forwarded to her. We as well have sent it to many other's asking that they please forwarded it.

Even a sentenced to death criminal - was given an opportunity for a last supper.

            On November 02.2007 a Court of Appeal Hearing was set for Friday, November 16, 2007 at 09.30 a.m.: Provincial Law Courts Building, 97 Street, Edmonton AB.

Kelly, not with standing the court process, you still at any time can stop this, you truly would forever be the person that did do the right thing by continuing to honour Leo’s expressed wish that He wanted to be buried at home, in Lac La Biche, where He is.

In the meantime, we are doing and will continue to do everything we can to show our love, honour and respect to our son Leo, and what we know was His told to us living wish that He be buried at home in Lac La Biche, where, as decided by you Kelly He has been at rest, since March 11.2005.

For updated information and if you believe disinterring and taking Leo’s remains elsewhere is wrong, please show your support by signing your name to the petition on www.keepleohome.org (no donation is required on the petition) and/or by contacting the Prov. Minister of Justice, Ron Stevens, Prov. Minister of Service Alberta, Lloyd Snelgrove, your M.L.A. Office, the Registrar, Prov. Vital Statistic’s, contact information for any of these and others can be got by phoning Toll Free 310-0000; also by contacting your Alberta and Local Metis and First Nation Offices and/or by doing anything else that you can think of, are comfortable in doing; signing petitions, writing letters ….. 

             We do appreciate and thank all of you for your up to now and continuing support in whatever way you chose, your cards, your letters, your prayers that give us strength and keep us hopeful that  our beloved Leo will be allowed to remain at home in Lac La Biche, his and our community.  

 

Leo’s Mom and Dad

Grace and Ron Johnston

Update: Another letter:

Rob McKinley
Post Staff
Following the recent decision by the Alberta Court of Appeal to restrict the Metis Nation of Alberta from taking part in the appeal process to keep their son's body in Lac La Biche, the parents of slain Mountie Leo Johnston say they will keep doing what is right, and hope that people see past what happens in the courtrooms. Grace and Ron Johnson say that the support of the Metis Nation of Alberta, their family, friends and even complete strangers has been enough to lift their spirits in the wake of another court ruling which goes against their desire to keep their son's body buried in the Lac La Biche cemetery. The slain Mountie's widow, Kelly Johnston has petitioned the courts to move her husband's remains to the RCMP memorial cemetery in Regina.
For the last six months, the very emotional matter has been before the courts. Leo's parents say they couldn't have done it without a lot of support.
"We don't know how, or even what words we could use anymore, now or ever, that would show or say how much we appreciate all of your from our community and beyond - our friends, families, everyone, everywhere who has given so much of themselves in whatever way they could. For all that they have done and continue to do in support of us to keep our son, Leo, home," wrote the parents in an open letter to the public, which they wanted to be published in the Lac La Biche Post.
"For the immense help from your donations to the legal fund, your prayers, your presence, your thoughtfulness, your letters and signatures on petitions and on the www.keepleohome.org Web site, your emotional support and encouragement, your words and your actions ... all of which have been, and will continue to be so truly meaningful to us.
We are going to continue in whatever ways are or will become available with the belief that Leo's body does remain where Kelly (his widow) initially made the decision to have him buried, at his home in Lac La Biche which this Friday, Jan. 11 will be two years and 10 months ago.  It is also where she may one day again lie beside him in the plot that, as she requested, was bought for, and is reserved for, her.
The disinterment of Leo is still a very possible, unbelievable reality. All efforts to have him remain in Lac La Biche have not been a 'battle' or a 'fight.'  Along with so many other reasons, it is, it must always be, about basic humanity, morality and dignity."
The Johnstons also want to issue cautions to the public about the emotional dangers faced by families who don't plan their estates. Having a legitimate will, say the Johnstons should be a vital necessity for all families.
"Please, everyone, educate yourselves as to how the 'wish' of a person who is an executor of an estate may and can be enough for a disinterment permit to be approved without any prior notice, or consideration of any kind to close family members and loved ones.
"What about the parents, families of colleagues that were murdered with Leo on March 3, 2005? Could they, or could anyone else - even you, at some point in time be facing the same horrible situation? Please, don't ever believe that "It can't or won't happen to me."  As things are, it certainly could."
Through their ordeal so far, both Grace and Ron are forever grateful of the support they have received.
"More than you will ever know, we are so grateful and we thank you."
While the Metis Nation of Alberta will not be allowed intervenor status at the upcoming appeal hearing, both Grace, and Ron, who is Metis, encourage the continued support of the provincial Metis organization.
No date has yet been finalized for the appeal court hearing.

UPDATE: Friday, May 2, 2008 Court Hearing:

After the Court hearing on May 2, the Judge has reserved decision , we will update this page once that decision is known.

Thank you all again for your support

Grace and Ron Johnston



Petition:


 We, the Undersigned, protest the disinterment of Constable Lionide Johnston from his resting place at Willow Park Cemetery in Lac La Biche based on the belief that it goes against his expressed desire to be buried in Lac La Biche and against his cultural and spiritual beliefs as an aboriginal person.

(note - once you fill in the fields on the petition, please only click on the "sign petition" button once, that is all that is needed. .
There is no need for any donations to sign this petition. We have had instances of people signing the petition many times because of some confusion - thank you again)

**please note that this is a petition collecting signatures of people who disagree with the disinternment of Leo. If you agree with it that is your right, but this is not a discussion forum so please do not bother to sign the petition if you are not in favour of the petitions purpose.
 

Please click here to sign the petition