The case involved a misidentification that resulted in the cremation of the wrong remains
The Nova Scotia Court of Appeal upheld the reinstatement of a funeral director’s licence, ruling that his failure to independently verify the identity of remains did not breach legal obligations.
In December 2021, a funeral director cremated human remains delivered to a funeral home with a tamper-proof identification tag from the Nova Scotia Medical Examiner’s office. Without the funeral director’s knowledge, the remains were misidentified before their delivery. The misidentification led to the cremation of the wrong remains.
The Nova Scotia Board of Registration of Embalmers and Funeral Directors initiated an inquiry, concluding that the funeral director failed to independently verify the identity of the remains, in breach of the Embalmers and Funeral Directors Act (EFDA) and the Code of Professional Conduct. It permanently revoked the funeral director’s licence, citing professional misconduct.
On appeal to the Supreme Court, the hearing judge overturned the board’s decision. The judge ruled that the EFDA did not impose a duty on the funeral director to verify the remains’ identity beyond relying on the medical examiner’s identification. The judge also found that the board’s reasons were insufficient to support its conclusions.
The licensing board challenged the ruling, arguing the hearing judge erred in interpreting the EFDA and in awarding costs to the funeral director. The Court of Appeal dismissed the appeal, finding no error in the lower court’s conclusions.
The court agreed that the EFDA imposes obligations on funeral homes, not funeral directors, to verify the identity of human remains. It emphasized that the statute clearly distinguishes between the roles and responsibilities of funeral homes and funeral directors. The informational guidelines cited by the board to support its decision were found to apply exclusively to funeral homes, not individual licensees.
The court also upheld the $3,000 costs awarded to the funeral director, noting that the hearing judge acted within the discretionary framework of the court’s tariff system. It rejected the board’s argument that the costs were excessive, ruling they were reasonable given the complexity and significance of the case. The court dismissed the appeal, upholding the reinstatement of the funeral director’s licence.
