Consumer Protection BC (CPBC) assessed a $18,500 administrative penalty to Devlin Funeral Home of Gibsons on Feb. 21. The penalty is for failures to comply with the Business Practices and Consumer Protection Act (BCPCAA) and the Cremation, Interment and Funeral Services Act (CIFSA).
A redacted decision document on CPBC’s website detailed a complaint from an employee of the funeral home was received Sept. 25, 2023. It made three allegations about the substitution of and later re-use of a Grey Mazri casket.
Casket used for two deceased
The complainant reported that on Aug. 30 of that year, a contract to provide funeral services included purchase of a Grey Mazri casket for $665. The deceased was placed in the casket for a period of five days, unrefrigerated and there was viewing. According to the decision document, on Sept 5, staff at the home realized the remains “could not be safely cremated in the casket, due to issues with Devlin’s cremation capacities, including community concerns related to smoke emissions.
That left two options: transferring the remains to a container better suited to cremation at Devlin’s facilities or transporting the descendant in the casket to an off-Coast facility for cremation. The remains were transferred to a cremation tray and the cremation was completed at Devlin. The decision stated that the family was not advised of the change nor were they refunded the $405 difference in the cost of the casket over the cost of the tray. The home did provide a free urn “as a way of apologizing” according to decision document.
In the order document, the home was found in violation of the BPCPA for making the change to the container without informing the family. This was this first of the three violations.
The casket was retained at the funeral home. On Sept. 11, Devlin’s entered into a funeral contract with the Ministry of Social Development which again included purchase of a Grey Mazri casket. Seven days later the remains linked with the second contract were placed in the same casket that had once held the earlier deceased. That used casket and the second deceased were buried on Sept. 19.
The ministry and the family of the deceased were not informed that the casket was not new.
In relation to this second violation, a report from a CPBC inspector considered in the order read “it is not reasonable for a consumer to assume or to expect that a container, to be provided under a funeral contract, has previously been used to hold human remains."
The order also detailed that the home conducted a deceptive act when it sold the previously used casket as new in the funeral contract with the ministry. Whether or not there was a stain in the casket when the second deceased was placed inside and the extent of that staining at the time of its re-use was raised in the documentation. No photographs proving this were available at the point when CPBC vice-president Laura Casey made her ruling.
“I believe placing another set of remains in this casket, without disclosure to the representative, is in violation of section 2 of the CIFSA for failure to handle human remains in a respectful manner.” her decision read, in reference to the third violation.
Monetary but no licensing impacts
According to the decision, the contraventions of the two acts could have resulted in suspension, cancellation or the imposition of conditions on Devlin’s licence, but an administrative monetary penalty was ordered. The maximum fine allowed for a corporation (such as Devlin’s) is $50,000, with Casey ruling the offences warranted a fine of $18,500.
Under a compliance order dated Feb. 21, a reconsideration period of 31 days was provided but no reconsideration was requested. In that order, Casey also required Devlin to reimburse CPBC an additional $1,500 for “partial inspection costs” related to the incidents.
In an email to Coast Reporter dated March 25, Devlin’s owner, Gail Bergen wrote "Since the former employee’s allegations were brought to Devlin’s attention, we have worked cooperatively with Consumer Protection BC regarding this matter and as well have conducted in depth internal investigations interviewing all staff and reviewing all policies and procedures.
"Through Devlin’s internal investigation and upon reviewing Consumer Protection BC’s findings, Devlin recognizes that in this particular circumstance there were mistakes made specifically when it comes to communication and as a result new policies and procedures have been implemented at Devlin to ensure these communication errors do not happen again.
"We have made the decision not to request reconsideration. This was an isolated incident and outside of a former staff member, the individuals involved in the matter have not brought forth any concerns."
