Family boycotts inquiry into mistaken cremation over lack of transparency

The family of Sandra Bennetta woman who was mistakenly cremated after her body was mixed up with two others at a Nova Scotia funeral homeis boycotting an inquiry into what happened, as they are unhappy with the process and its lack of transparency.

"This is not in any way beneficial to my client," the family's lawyer, Paul Walter, told CBC News.

In an email exchange with a Service Nova Scotiabureaucrat, Walter said he wastold theinquiry by theBoard of Registration of Embalmers and FuneralDirectors, whichlaunched this morning, is a disciplinary hearing and his clientsare "not parties to this hearing, they are witnesses."

Service Nova Scotia is responsible for licensing the province's funeral homes, while the board regulates funeral directors and embalmers.

Bennett, 65, died last December after a lengthy illness. Her familyarrived at Serenity Funeral Home in Berwick, N.S.,before herDec. 27 visitation to discover another deceased woman on display.

Family members said they had to argue with funeral home staff in order to convince them the body was not their loved one. That casketwas removed and another brought in, this time containing a woman's body wearing Bennett's clothes, but it was not her either.

The family was ultimately informed Bennett had been cremated by mistake.

Family couldtestify, but wouldn'thear other side

This week, Walter said he was alsotold that while representatives of Serenity Funeral Home would beable to question the Bennett family, the family wouldnot permitted to listen to testimony from funeral home staff or question them.

"It is the responsibility of the Board to determine facts of the case and to ask questions of the witnesses and licensees to the hearing," read an email sent from Service Nova Scotia to Walter.

As a result, Walter said, his clients are not attending because the process "does not permit them to participate in a meaningful manner."

Instead, he said, the Bennett family maypursue "other avenues" that will allow them to hold the funeral home to account "for the horrific debacle that came to light relative to the inappropriate, unprofessional and grossly negligent mishandling of the remains of Sandra Bennett."

The boycott comes asthe Board of Registration of Embalmers and FuneralDirectors launched its inquiry into the incidentat the Annapolis Valley funeral home.

Closed-door inquiry

The in-camera meeting is taking place behind closed doors and with no requirement to ever make its findings public.

Of the six people on the board, five work directly in the funeral business and the sixth is a government bureaucrat.

That level of secrecyis in sharp contrast to some other provinces, which have opened their funeral industries and disciplinary hearings to public scrutiny and established regulators independent of those working in the business.

"It's my experience that openness and transparency and being an effective regulator results in consumer confidence and that's what, at the end of the day, it's all about," said Carey Smith, CEO and registrar of the Bereavement Authority of Ontario.

The funeral industry in Nova Scotia was thrown into the spotlight as a result of Bennett's accidental cremation.Details of the body mix-up were not made public by the government regulator.

Service Nova ScotiaMinisterGeoff MacLellanhas refused to withdraw Serenity's licence. The board has not publicly indicated that it has taken any immediate action as a result of the mix-up, other than to announce an inquiry.

In addition to holding its inquiries in secret, the Nova Scotia boardis not required to publish a yearly report outlining the number of complaints it receives, the nature of the complaints, the names of those being investigated or how the complaints were resolved. There is no requirement for it to ever disclose complaints or action against funeral directors or embalmers.

It took the boardand Service Nova Scotiafive months to announce penalties against funeral home operatorTrevor Tracey, who pleaded guilty to accepting money for pre-arranged funerals without a licence.

That case was the first in recent history for whichgovernment and the board publicized the penalties for violations of provincial laws. Since the board is not required to publicly disclose its investigations or the results of them, it's not known whether that is the only action it's taken in recent years.

Publicly posted complaints in Ontario, Manitoba

Contrast that with Manitoba, which hasbeen publishing details of complaints, names and results of investigations since 2010.

The province of Ontario also posts notices of hearings, holds them in public and then posts the results, complete with the names of the funeral homes and those who have been disciplinedand why.

"Hearings are completely open to the public, so we post them right on the front page of our website," Smith said.

He describes the organization as a "consumer protection agency" that has nothing to do with promoting or protecting the funeral industry.

The authority came into being in January 2016 and is financed by licensing fees. Unlike Nova Scotia, it has no funeral directors, funeral home owners or embalmers in its administration. Instead, it has advisory committees, including one representing the funeral industry.

In Nova Scotia, the board which oversees, licenses and handles complaints about the industry is made of sixpeople threelicensed embalmers selected by the province, twoselected by the Funeral Service Association of Nova Scotiaand the registrar for Service Nova Scotia.

And it's not just the actions of the regulatory body and the way complaints are handled that arekept under wraps.

Itemized pricing

In Ontario, for example, there is no "all-in" pricing as there is in Nova Scotia.

"Every cost has to be itemized on the contract and has to be explained," Smith says.

"Everything from disbursements for documentation fees to transportation fees to the casket has to be described in full and in detail. Every individual fee has to be itemized so that people understand exactly what it is they're paying for and they can opt out of certain things," he said.

Ontario funeral homes must follow much more stringent rules when it comes to selling their products and dealing with families when they are at their most vulnerable.

"They have to display their price list or have a sign saying, 'Ask for price lists and we'll provide it,'"Smith said. "Anyone can go into any funeral home and ask for a copy of the price list and the funeral home has to provide it."

In Ontario, a person found to have violated the Funeral, Burial and Cremation Services Act can be fined as much as $50,000, sentenced to two years less a day in jail, or both. A corporation can be fined a maximum of $250,000.

In Nova Scotia, the board can suspend or cancel licences for embalmers and funeral directors. Under the Embalmers and Funeral Directors Act, themaximum penalty for an offence is $500.

Violations of The Cemetery and Funeral Services Act can result in maximum penalties of $2,000 for an individual or $25,000 for a corporation.

MacLellan has said he will accept any recommendations from the board to ensure body mix-ups and mistaken cremations never happen again.