New law coming aimed at preventing body mix-ups at funeral homes - Action News
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Nova Scotia

New law coming aimed at preventing body mix-ups at funeral homes

The Nova Scotia government is expected to introduce legislation next week to change the way funeral home complaints are investigated. The minister responsible is promising more openness and transparency.

Legislation to be introduced Tuesday in response to case of Sandra Bennett, who was mistakenly cremated

Sandra Bennett, 65, died on Dec. 20, 2017, after a lengthy illness. (Bennett family)

Legislation is expected to be introduced Tuesday in Nova Scotia aimed at ensuring the shocking case of a funeral home that cremated the wrong person never happens again.

Service Nova Scotia Minister GeoffMacLellan made the commitment Friday during question period when he was asked about the Sandra Bennett case by Progressive Conservative MLA John Lohr.

In December 2017, Bennett's family was shocked to find another body in her casket prior to a planned visitation at the Serenity Funeral Home in Berwick.

After the family arguedwith the home, the body was removed and replaced with another also not Bennett's. The family was subsequently informed their loved one had been mistakenly cremated.

MacLellan had promised to introduce legislation in the spring session but that didn't happen. On Friday, he vowed legislation coming next week wouldhold more than one person accountable in order to prevent similarmix-upsin the future.

"The facility, the ownerseveryone that'sresponsiblefor having these procedures in place and followed have to take accountability," he said.

"This shouldn't follow one person. This is an organizational question and this can never happen again."

Service Nova Scotia Minister Geoff MacLellan had been expected to introduce legislation in response to the Sandra Bennett case last spring. (CBC)

When the Bennett case became public, MacLellan refused a request from the Funeral Association of Nova Scotia to withdraw Serenity's licence.

The province's Board of Registrationof Embalmers and Funeral Directorsheld a disciplinary hearing into the matter and revoked the licence of David Farmer, who was employed as a funeral director and embalmer at Serenity.

Bennett's family declined to participate in the hearing,saying it was unfair.

They would have beenconsidered witnesses and required toanswer questions posed by Serenity officials, but theywould not have beenpermitted to listen to testimonyfrom the funeral home'semployees or to ask questions.

With Bennett's husband, Gary, watching the proceedings Friday in the legislature, MacLellan promised a more fair and transparent process.

"There were things that we've identified in this procedure, the public hearings, that just didn't seem right," MacLellantold the legislature.

He called the process "very unfair" adding that"public hearings will have a much different structure, much more open, transparent and give the opportunity for families to have their say."

While MacLellanreferenced public hearings, there were none in this caseone of the issues that concerned the Bennett family.