Cape Breton funeral director exonerated over cremation of wrong body
CBC
A Cape Breton funeral director who lost his licence after the wrong body was cremated in December 2021 is getting his licence back.
In a written ruling, Nova Scotia Supreme Court Justice Timothy Gabriel called it a sad and unfortunate case, saying the medical examiner's office gave out the wrong body at the hospital and the funeral director was not responsible for the outcome.
Joe Curry, who was with Forest Haven Funeral Home in Sydney when the incident occurred, said he is pleased with the decision.
The day after receiving the ruling, Curry walked into the funeral home office and was immediately greeted enthusiastically by the staff.
"I got my hugs," he said. "They're just a good family for me and I've enjoyed my time here with them, so I'm still part of this group."
The judge said a male body was mistakenly provided to Forest Haven's delivery service at the hospital when it should have been a female.
In a disciplinary decision that resulted in the loss of Curry's licence, the Nova Scotia Board of Registration for Embalmers and Funeral Directors said Curry and his staff should have checked the body after picking it up at the Cape Breton Regional Hospital.
In his ruling, the judge said that might have prevented a wrongful cremation in this case because the genders were different, but it would not always ensure the right body is cremated if the wrong label is attached at the hospital.
Gabriel said it was "telling" that the board and its lawyer "were either loath to, or unable to, provide specifics as to the steps required in [Curry's] duty to identify the remains before cremation.
"When the court queried during argument how the appellant could have identified the body, counsel simply answered, repeatedly, that Mr. Curry should have 'done something'."
The judge said that implies funeral directors are supposed to improvise their own procedures.
Curry said the regulations around handling bodies are good and just need to be a little clearer.
"We do want to show the public that we have seen something here and that we've dotted an i or crossed a t, so that it's now a little more clear," he said.
"Nothing against that, but ... I think a lot of the things are being done well, and correct, now."
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