Missing Brain Autopsy Lawsuit Filed by B.C. Family
In a case that has raised serious questions about autopsy protocols in British Columbia, a Victoria woman has launched legal action against Island Health and the BC Coroners Service after her father’s body was allegedly released for cremation without his brain being returned to his remains following an autopsy.
Sandra Demontigny filed the lawsuit in BC Supreme Court this week, claiming that Island Health and the coroner’s office failed to follow proper procedures when handling her father’s remains after his death in November 2022. According to court documents obtained by CO24 News, Demontigny’s father underwent an autopsy at Royal Jubilee Hospital in Victoria, during which his brain was removed for examination.
“The most disturbing aspect is that nobody informed us that his brain wasn’t returned to his body,” Demontigny told CO24 in an exclusive interview. “We proceeded with cremation believing we were honoring his complete remains, only to discover months later that wasn’t the case.”
The lawsuit alleges that when Demontigny inquired about her father’s autopsy results in spring 2023, she was informed that his brain had been retained for further testing—information she claims was never previously disclosed to the family. By then, the rest of her father’s remains had already been cremated.
Legal experts familiar with medical protocols suggest this case highlights significant gaps in communication between health authorities and families. “There’s a clear ethical obligation to inform family members about retained organs during autopsies,” notes Barbara Thompson, a healthcare ethics specialist at the University of British Columbia. “Without proper consent and transparency, it represents a profound breach of trust.”
Island Health has declined to comment specifically on the lawsuit, stating only that they “take all concerns about patient and family care seriously” and will respond through appropriate legal channels. The BC Coroners Service similarly refused to address the specific allegations, citing the active litigation.
The Canadian legal system has previously addressed similar cases of mishandled remains, with courts generally viewing such matters as deserving special consideration due to the deeply personal nature of human remains and their significance to grieving families.
Demontigny’s claim seeks damages for negligence, breach of statutory duty, and emotional distress. The lawsuit also calls for systemic changes to autopsy protocols across the province to prevent similar incidents from occurring in the future.
“This isn’t just about financial compensation,” Demontigny emphasized. “It’s about ensuring no other family has to experience this kind of trauma. When you entrust your loved one’s remains to medical professionals, you expect dignity and transparency throughout the process.”
Medical ethicists point out that while organ retention for diagnostic or educational purposes is sometimes necessary, proper consent procedures must be followed, and families must be fully informed before making decisions about final arrangements.
As this case makes its way through the BC court system, it raises profound questions about the rights of families regarding their deceased loved ones. How much autonomy should medical authorities have over human remains, and at what point does the public’s interest in medical knowledge yield to a family’s right to dignity and informed choice in their grieving process?
