The Process of the Coroner
The two major components — investigative and judicial — merge to form the basis of the raison d’etre of its function — the prevention of death.
An investigation by a coroner serves as an external manifestation of public concern with the preservation and protection of human life. Primarily, the coroner’s investigation is a means of ascertaining the facts surrounding a death: namely who, when, where and by what means a person came to his death. These facts become part of the public record and serve, not only the general public interest, but also add to the sum of knowledge in all fields of human endeavour including, but not exclusive of, forensic science, pathology and public health agencies.
The Coroners Act contains a fairly comprehensive list of the types of death that must be reported to a coroner (conveniently summed up in the phrase “sudden and unexpected”) thereby initiating the investigative process.
The investigative process culminates in either of two public venues – a Coroner’s Report or an Inquest, both of which will contain recommendations directed at preventing like deaths where appropriate. Whether or not an Inquest is held is determined by several factors. Some are mandated by statute or by direct order of the Minister. They may also be initiated by the coroner as a means of formally focusing community attention on and initiating community response to preventable deaths, to satisfy the community that the death of no one of its members will be overlooked, concealed or ignored, or calm widespread fear of unknown factors believed to be the cause of contemporary fatalities.
An inquest in is rarely more than a few days to a week. Only the most exceptional of circumstances will necessitate more time.
In focusing attention on preventability, the coroner may be likened to an ombudsman for the dead; that is, he serves to protect the living by accurately determining the circumstances surrounding an untimely death.
The preventative role is seen to be and is an important and effective means of influencing legislation, regulations and general practices in the workplace as well as, notably, in the medical field.
Although there is no power in the Coroners Act to order change, experience has shown that practical and sensible recommendations based on thorough investigation of all the facts results in an average 75-80% positive response in the first instance. Coroners make a difference.
Contact John Bethell for more information.
Located in: Administrative Law
