N.S. regulatory board says funeral directors should be required to confirm body ID before cremation

The Nova Scotia Board of Registration of Embalmers and Funeral Directors is pushing for a change in legislation that would hold individual funeral directors accountable in cases of wrongful cremation. This comes after a recent Court of Appeal ruling that cleared a Cape Breton funeral director of any responsibility in a wrongful cremation case.

Adam Tipert, a funeral director in Bridgewater and chair of the board, expressed his concerns about the court’s decision, stating that the onus should be on the funeral directors themselves, not just the funeral homes they work for. He emphasized the importance of individual responsibility in ensuring that proper procedures are followed when handling human remains.

The recent court ruling found that the law only requires funeral homes to verify the identity of a body before cremation, not the funeral director. This decision sparked controversy within the funeral industry, with many calling for a change in legislation to clarify the responsibilities of funeral directors in such cases.

Following the wrongful cremation incident in 2021, Service Nova Scotia suspended the licence of Forest Haven Memorial Gardens, where the funeral director in question worked. However, the funeral director, Joseph Curry, successfully appealed the suspension and had his licence reinstated by the Nova Scotia Supreme Court.

Tipert revealed that the board had attempted to amend the law back in 2018 after a similar incident in Berwick, with the intention of making funeral directors personally responsible for such errors. However, the recent court ruling has highlighted the need for further legislative changes to ensure that funeral directors are held accountable for their actions.

The board is currently working with Service Nova Scotia to draft new legislation that would prevent future wrongful cremations and provide clarity on the responsibilities of funeral directors. Tipert expressed his sympathy for the families affected by these incidents and assured them that the board is committed to preventing such tragedies from happening again.

In response to these developments, the Funeral Service Association of Nova Scotia has called on the government to fully engage with the association in revising the regulations governing funeral services. Service Nova Scotia has also pledged to review the regulations and identify ways to strengthen them, although specific details have not been provided.

Overall, the push for legislative changes in Nova Scotia aims to prevent wrongful cremations and ensure that funeral directors are held accountable for their actions. By clarifying the responsibilities of funeral directors and strengthening regulations, the industry hopes to prevent future tragedies and provide peace of mind to grieving families.