The Alberta Court of Appeal said RCMP Const. Leo Johnston's widow, Kelly, had the legal right to his remains over his parents, the Canwest News Service reported Friday.

"The policy (of the Director of Vital Statistics) sets out a priority list of those entitled to control human remains: spouse, then child, then parent, etc.," the court said in its ruling.

"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."

The (Toronto) Globe and Mail said the slain constable's parents had wanted their son to be buried in their hometown of Lac La Biche. Kelly Johnston opposed that motion, saying her husband should be buried in the RCMP national cemetery in the city of Regina.

Johnston was killed in a 2005 incident along with three of his fellow RCMP officers and left no will detailing his burial wishes, the Globe and Mail said.