I have discussed here and here about the dispute over the remains of Constable Leo Johnston, one of the four Mounties murdered at Mayerthorpe, AB in March 2005. His widow, Kelly Basness (Johnston) had received permission from the Director of Vital Statistics in 2007 to disinter her late husband's remains and move them from Lac La Biche, AB to the National RCMP cemetery in Regina, SK. Constable Johnston's mother, Grace Johnston, as well as several members of his extended family, opposed the move. The Director's decision was made on the basis of her status as his spouse at the time of his death, and the decision was upheld in October 2007 by the Alberta Court of Queen's Bench on an application for judicial review. Grace Johnston further appealed the Court of Queen's Bench decision to the Alberta Court of Appeal.
Today, the Alberta Court of Appeal released its ruling in favor of Kelly Basness. While Grace Johnston and the Johnston family are understandably upset with this decision, it is unlikely that they will appeal to the Supreme Court of Canada, or that if they do appeal to the Supreme Court that the Court will agree to hear their argument.
As I've stated before, one way to try to avoid these kinds of disputes is to ensure that you have a Will that appoints the person you would want to have make that decision as your executor (also known as personal representative). Otherwise, you may have the Director of Vital Statistics giving authority to make that decision to someone based on how they rank on a list, not according to who knows you and your wishes best.
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