N.S. medical examiner says staff not responsible for wrongful cremation

Despite a Nova Scotia Supreme Court judge's ruling, the provincial medical examiners office says its staff were not responsible for the wrongful cremation of a body in Cape Breton two years ago.

Last week, Justice Timothy Gabriel issued a written decision exonerating New Waterford funeral director Joe Curry, who had lost his licence in the incident.

The judge said it was the medical examiners service that had placed the wrong label on the body Curry cremated. A male body was mistakenly provided to Forest Haven's delivery service at the hospital when it should have been a female.

The service declined an interview request.

But in an email, it said it was never asked to take part in either the discipline hearing when Curry lost his licence or in his appeal of that decision to the court.

"Given the opportunity, the [medical examiners service] would have advised that a December 2021 internal review conducted by the [service] determined that protocols were followed and there were no errors made by the [service]," the medical examiner's office said.

The email did not say who was responsible for the mix-up, but said the service "commits to further review its procedures and processes and to work with third parties to improve their handling and labelling of human remains."

The Nova Scotia Board of Registration of Embalmers and Funeral Directors pulled Curry's licence last year, saying he should have checked the contents of a body bag to ensure the right human remains were being cremated.

Curry denied doing anything wrong, saying the legislation and regulations around funeral directors do not require him to open a bag.

He said he cremated the remains that were delivered to him by medical examiners staff at the Cape Breton Regional Hospital.

The judge agreed with Curry and ruled that his licence should be reinstated.

The funeral directors board of registration did not return multiple requests for comment.