Cape Breton funeral director exonerated — again — after wrong body cremated

Funeral Director in Sydney Cleared Again in Wrongful Cremation Case

A funeral director in Sydney, N.S., has been cleared for a second time of any responsibility after he cremated the wrong body three years ago. Joseph Curry, who lost his funeral director’s licence in 2021 following the incident at Forest Haven Memorial Gardens, has been exonerated by the Nova Scotia Court of Appeal.

The Board of Registration of Embalmers and Funeral Directors, the regulatory body for the industry, initially held Curry accountable for failing to verify the identity of the contents of a body bag received from the medical examiner’s service at the Cape Breton Regional Hospital. However, Curry contested the decision and took his case to the Supreme Court, arguing that the mistake was the fault of the medical examiner, not him.

In a unanimous ruling issued this week, the Court of Appeal justices sided with Curry, stating that provincial legislation places the responsibility for checking on the funeral home licence holder, not the funeral director. This decision marks the second time Curry has been cleared of any wrongdoing in connection with the wrongful cremation.

The wrongful cremation incident in 2021 was the second of its kind in Nova Scotia since 2018, prompting the provincial government to review regulations to prevent similar errors from occurring in the future. Despite the scrutiny surrounding the case, Curry has maintained his innocence and has now been vindicated by the highest court in the province.

The outcome of this case underscores the importance of ensuring accountability and transparency in the funeral industry to prevent such errors from happening in the future. As the regulatory framework continues to evolve, it is essential for all stakeholders to uphold the highest standards of care and professionalism in handling the remains of the deceased.