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THE BODY, ASHES & EXHUMATION – WHO HAS THE LAST WORD?
Presented to The Law Society of Upper Canada, The Six-Minute Estates Lawyer
By Kimberly Ann Whaley & Dina Stigas
Introduction
Is there property in a human corpse, its body parts, or its DNA? Who decides how the remains will be disposed of? Do the wishes or the religion of the deceased play a role? The purpose of this paper is to examine whether there is a proprietary interest in a deceased’s remains and the parameters of the existent duties to dispose of the corpse. There will also be an examination of the historical significance of the “no property” rule (there can be no property in a human corpse); the application of the rule; and the relevant legislation. The focus will be primarily on Canadian common law jurisdictions, yet will examine the treatment of some of these issues in the United States, England and Australia.
Link to a PDF copy of full presentation (42 pages)
