Promised changes to funeral home operations delayed

Nova Scotians still do not have legislation protecting them from funeral home errors even though Service Nova Scotia Minister Geoff MacLellan said the changes would be introduced in the spring session of the legislature, which ended last week.

The minister's comments were made in March after a review of Serenity Funeral Home in Berwick, which mixed up bodies and mistakenly cremated Sandra Bennett's remains, leaving her family shocked and angry.

One of the main recommendations from that review by the Board of Registration of Embalmers and Funeral Directors was that funeral homes and crematoriums be required to label bodies as soon as they take possession of them. Such a process, if followed, would have prevented the mix-up at Serenity.

Process for change underway

"Our intent is to introduce changes to reflect recommendations coming out of the Serenity inquiry this year," Service Nova Scotia spokesperson Marla MacInnis said in an email to CBC News.

She said as with any legislation, the department follows a process that includes jurisdictional comparisons and consultation.

"This is underway now," MacInnis said.

The delay is not an issue for Paul Walter, the lawyer who is representing Bennett's family.

"My clients hope, whether it takes a while or not, that changes be introduced that are essential to protecting the public," Walter said.

Bennett family wants 'the truth'

Walter said he will be pursuing claims on behalf of the affected family members. He is currently dealing with the insurer for Serenity Funeral Home and says his clients are still having difficulty coming to terms with what happened to their loved one.

"This not just about money," he said, adding it's also about finding out what happened.

"We're searching for the truth," he said.

The Bennett family opted not to participate in the board's inquiry because they felt it was not balanced. They were told they could not question witnesses although the family members would be questioned. In addition, because the inquiry was held in private, they were not permitted to listen to other testimony. As a result, the board made its finding of fact based only on testimony from Serenity staffers.

Government 'considering' more transparency

Another of the Serenity inquiry's recommendations was to review current board bylaws and legislation to consider how consumer complaints and the disciplinary process could be made more transparent. In Ontario, notice of hearings, names and dates are published and hearings are open to the public.

The inquiry resulted in the removal of David Farmer's licence to work as a funeral director or embalmer.

The provincial government's Registrar of Funeral Services also suspended the business from doing cremations for 30 days, although it was still able to hold funerals during that time.

The board took no action against Serenity owner Tony Facey.