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 "At birth we cry; at death we see why."
                    - Bulgarian proverb
 
 
 
 


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I. Identification

 

1. The Issue

    Funeral Home; an establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of the body, and for funerals -- called also funeral parlor  For many people, the funeral is a ceremony that allows the bereaved to openly express their feelings  and to receive support while taking the first step in facing the reality of what has happened to them  namely, a death. Research has shown that in most cases, when survivors are  unable to recover the body of a deceased relative, such as  during a disaster, or missing in action, and provide the  deceased with some type of funeral service, they have a  more difficult time adjusting to the loss than those people who are able to have some kind of post death activity.

 Making funeral arrangements helps us to face the reality of  what has happened. The funeral, like no other event, acts as
 a rite of passage that signifies the change in relationships brought about by death. At the cemetery or crematory,
 when you walk away from the grave or niche, you are  physically and psychologically leaving your old life behind
 and beginning a new life. This act of separation comes at a  time when family and friends surround you with their love
 and support. The support and help that you receive can  often be what gives you the strength to go on at a time when
 you feel least like living.

A funeral is similar to other ceremonies in our lives. Like a  graduation ceremony, a wedding, a baptism, and a bar mitzvah, a funeral is a rite of passage by  which we recognize an important event that distinguishes our lives.

 The funeral declares that a death has occurred. It celebrates the life that has been lived, and offers
 family and friends the opportunity to pay tribute to their loved one.

 The gathering of family and friends for a time of sharing and funeral service helps to provide  emotional support so needed at this time. This will help those who grieve to face the reality of death  and consequently, to take the first step toward a healthy emotional adjustment.

 The funeral can and does take on many varied forms. Funerals can last from minutes to months and
 are usually influenced by the lifestyle and values of the bereaved family and friends. ( www.Loewen.ca )
 
Funeral homes offer many services which include  Cremation, Burial, Transportation, Urns, Visitations, Caskets etc.
 

Canada and the United States are both major operators of funeral homes in their home country and in each others, with U.S. having an industry worth $ 25 billion. As the industry of funeral homes is worth million of dollars the competition is fierce and any threat, to the loss of market share is treated with contempt. Such is the case of the Loewen ( a funeral home operator based in Canada - North America's second largest funeral service company  ) being sued for allegedly orchestrating an illegal campaign to drive U.S. competitors out of business. Group Loewen controls, The Loewen Group Inc. and owns or operates more than 1100 funeral homes and more than 400 cemeteries across the United States, Canada and the United Kingdom and are based in Vancouver, Canada. The Company employs approximately 16,000 people and derives 90 percent of its revenue from U.S. operations.and has an estimated    $ 1.1 billion sales in 1997. The case was taken to the local U.S. courts of Mississippi for trial in 1991 and by 1995 was judged in favor of the U.S. party and was asked to pay damages.
 
Death is the muse of our religions, philosophies,
political ideologies, arts and medical technologies. It sells newspapers and insurance policies, invigorates the plots
of our television programs, and--judging from our dependency on fossil fuels--even powers our industries.                                ( http://www.trinity.edu/~mkearl/death.html )
 
 
 
 

"Let 's talk of graves, of worms, and epitaphs."
--Shakespeare
 

2. Description

    Death is indispensable to nature and evolution. Without death there would be no emergence of new individuals with genes better adapted to the changing environment. Without death there would be no  room for new species to emerge.
Without death there would be no mating, no birth, no parenting, no family warmth. Death is the price we pay for the enjoyment of love between man and woman, love between parent and child. Even if medical technology allowed us to abolish death tomorrow, we could have no more children, or the world would become impossibly overpopulated. (1)

    Entrepreneurs have capitalized on this  unpreventable fact of life and turned it into major businesses both in United States and Canada and United Kingdom.

    *1 - To explain the difference in cultures between the West and Indian sub-continent ; death in a place like India , a land of multitude of cultures; different sects treat death in their own way and such a concept of a funeral home service, is and probably will be a non-existent phenomenon in the deeply traditional, religiously faithful land of India. There may, in  future arise a need for funeral homes due to shortage of space (in the ever increasing, populated country) for burial. Every available space may have to be utilized for those alive. As of now the Hindus , the majority sect of India believe in burning the body of the dead and then floating the ashes in their holy rivers later. We may argue that the funeral home service works on the same principles / processes i.e. the burning of the body, but the only difference being the rituals differ. There maybe a possibility of such businesses entering the Indian market in the future if they are able to adapt their services accordingly to local customs.

    The United States has an area that maybe comparative to about one-half the size of Russia and it's location ;   North America, bordering both the North Atlantic Ocean and the North Pacific Ocean, between Canada and Mexico.  United States border countries include Canada at 8,893 km. The population of U.S. is approximately 270,311,756  (as of July 1998 est.). and the death rate which is of importance in this case is  : 8.8 deaths/1,000 population (1998 est.).
 

    Canada has an area comparative to that of the U.S.only slightly larger than US and it's location Northern North America, bordering the North Atlantic Ocean and North Pacific Ocean, north of the conterminous US.  The population of Canada is approximately, 30,675,398 (July 1998 est.) and the death rate which is of importance in this case is : Death rate: 7.25 deaths/1,000 population (1998 est.)
 
    India's Population - 984,003,683 (July 1998 est.)  / Death rate: 8.69 deaths/1,000 population (1998 est.)
( Figures taken from  http://www.odci.gov/cia/publications/factbook/in.html  )

The figures above of U.S. , Canada and India roughly approximates to the following number of deaths per year ;

India : approx : 8.5 million deaths per annum
U.S. : approx : 2.3 million deaths per annum
Canada : approx : 200,000 deaths per annum

Based on the figures above, and assuming many things, I can probably say that the majority of deaths in both U.S. and Canada maybe handled by funeral homes or related services and this assumption may be backed by the revenues of this industry           ( around $25 billion in the U.S. alone ). In India the situation is different, where the majority of the dead may either be burnt according to the Hindu custom  ( 80% of the pop. are Hindus ) or cremated / buried.

The concept of death varies from culture to culture and it differs greatly in the countries I mentioned. The idea of a funeral home is an accepted norm in the West, but not in India, where it is attached to multitude of rituals, customs. The way to go about death varies.

Today in North America 75-80% of all deaths occur in hospitals, and 80% of those are "negotiated," shortened or extended artificially. Many terminal patients are under sedation, so instead of the conscious death Hindus esteem, there is a dim and drugged insensibility at the end.

General George Patton of World War II fame, no stranger to personal reincarnational remembrances (he claimed to recall previous battlefield experiences as Napoleon), once observed, "For Hindus death is the most exalted experience of life." This idea is naturally hard for non-Hindus to grasp--all the more so for atheists facing Eternal Oblivion and those of Abrahamic faiths which define death as a punishment for man's sinful disobedience. To them, death is the ultimate sign of man's spiritual failure, a belief which arouses instincts of denial and injustice. One may feel penitent and guilty, not to mention uncertain about the destination ahead.

The Hindu's presumption of numerous births mitigates the tragedy of death, whether the passage is his own or another's. So, Hindus call death by lofty names--Maha Samadhi, "Great Superconscious State" and Maha Prasthana, "Great Departure." To be near an awakened soul at the time he or she gives up the body is considered among the most blessed of opportunities. While ordinary people are remembered on their day of birth, Hindus honor enlightened souls on the day of their departure,
translated in English as "liberation day."

If we view death as the opposite of life, life is good and death is bad. But death is the opposite of birth,
not of life. Seeing life and death as collaborative parts of a greater whole called samsara (the cosmic
evolutionary cycle of birth-death-rebirth), life is good and death is equally good, though the Vedas are
clear that certain deaths, especially premature ones, are grievous.

Knowing that a conscious death is the ideal, the Hindu avoids excessive drugs or mind-numbing medical measures. He cultivates detachment as death approaches, knowing that loss is not suffered when something is given up voluntarily, only when it is taken from us by force. He is grateful for life, but not angry with or fearful of death. Dying is not unlike falling asleep. We
have all experienced death many times in past lives.

Those who die suddenly, through accident or murder, have no time to prepare. Traditionally, full death
rites are not performed after such deaths, because rebirth is expected almost immediately. For the same
reason, rites are not accorded children who die young, before adolescence. In India, bodies of
accidental-death victims and children are buried in a common grave or put in a river. Since neither is
possible in Westernized countries, cremation is accepted.
 

    Funeral and Memorial Rites: Hindus traditionally cremate their dead, for swifter, more complete release of the soul. Burial, which preserves the bond, is generally forbidden. Death's anniversary is called Liberation Day. For saints, it is celebrated rather than the day of birth. To some extent, the funeral rites serve to notify the departed soul that he has, in fact, died. It is possible for a disoriented soul, not understanding that he is on the other side, to linger close to the physical plane. He can still see this material world, and even observe his own funeral. Some of the ritual chants address the deceased, urging him to relinquish attachments and continue the journey. The rites are also for the living, allowing the family to say a respectable and dignified "farewell," to express grief, loss and the mosaic of emotions they naturally encounter. The deepest significance of the funeral rites lies in their yoking the inner and outer worlds, Bhuloka and Devaloka, and their recognition that a family consists not just of its living generations, but its ancestors as well. Often a group of souls will sequentially incarnate into the same extended family, so that, for example, a grandson may be the returned soul of the father. In this way collective karma and dharma are worked through. Those in the inner worlds help relatives living in the outer world. When their turn comes in the outer world, they strive to attain spiritual progress that is only possible in physical incarnation. Ceremonial uniting of the deceased with his forefathers and yearly honoring of ancestors keep open the inner communication which makes the family prosperous and preserves its longevity.
 
Rites of Transition

Hindu death rituals in all traditions follow a fairly uniform pattern drawn from the Vedas, with variations
according to sect, region, caste and family tradition. Most rites are fulfilled by the family, all of whom
participate, including the children, who need not be shielded from the death. Certain rites are traditionally
performed by a priest but may also be performed by the family if no priest is available. Here is a simple
outline of rites that can be performed by Hindus in any locality. Variations are noted and suggestions
made for Hindus in Western countries.

1. As Death Approaches
Traditionally, a Hindu dies at home. Nowadays the dying are increasingly kept in hospitals, even when
recovery is clearly not possible. Knowing the merits of dying at home among loved ones, Hindus bring the
ill home. When death is imminent, kindred are notified. The person is placed in his room or in the
entryway of the house, with the head facing east. A lamp is lit near his head and he is urged to
concentrate on his mantra. Kindred keep vigil until the great departure, singing hymns, praying and
reading scripture. If he cannot come home, this happens at the hospital, regardless of institutional
objections.

2. The Moment of Death
If the dying person is unconscious at departure, a family member chants the mantra softly in the right ear.
If none is known, "Aum Namo Narayana" or "Aum Nama Sivaya" is intoned. (This is also done for
sudden-death victims, such as on a battlefield or in a car accident.) Holy ash or sandal paste is applied to
the forehead, Vedic verses are chanted, and a few drops of milk, Ganga or other holy water are trickled
into the mouth. After death, the body is laid in the home's entryway, with the head facing south, on a cot
or the ground--reflecting a return to the lap of Mother Earth. The lamp is kept lit near the head and
incense burned. A cloth is tied under the chin and over the top of the head. The thumbs are tied together,
as are the big toes. In a hospital, the family has the death certificate signed immediately and transports the
body home. Under no circumstances should the body be embalmed or organs removed for use by others.
Religious pictures are turned to the wall, and in some traditions mirrors are covered. Relatives are
beckoned to bid farewell and sing sacred songs at the side of the body.

3. The Homa Fire Ritual
If available, a special funeral priest is called. In a shelter built by the family, a fire ritual (homa) is
performed to bless nine brass kumbhas (water pots) and one clay pot. Lacking the shelter, an appropriate
fire is made in the home. The "chief mourner" leads the rites. He is the eldest son in the case of the
father's death and the youngest son in the case of the mother's. In some traditions, the eldest son serves
for both, or the wife, son-in-law or nearest male relative.

4. Preparing the Body
The chief mourner now performs arati, passing an oil lamp over the remains, then offering flowers. The
male (or female, depending on the gender of the deceased) relatives carry the body to the back porch,
remove the clothes and drape it with a white cloth. (If there is no porch, the body can be sponge bathed
and prepared where it is.) Each applies sesame oil to the head, and the body is bathed with water from the
nine kumbhas, dressed, placed in a coffin (or on a palanquin) and carried to the homa shelter. The young
children, holding small lighted sticks, encircle the body, singing hymns. The women then walk around the
body and offer puffed rice into the mouth to nourish the deceased for the journey ahead. A widow will
place her tali (wedding pendant) around her husband's neck, signifying her enduring tie to him. The coffin
is then closed. If unable to bring the body home, the family arranges to clean and dress it at the mortuary
rather than leave these duties to strangers. The ritual homa fire can be made at home or kindled at the
crematorium.

5. Cremation
Only men go to the cremation site, led by the chief mourner. Two pots are carried: the clay kumbha and
another containing burning embers from the homa. The body is carried three times counterclockwise
around the pyre, then placed upon it. All circumambulating, and some arati, in the rites is
counterclockwise. If a coffin is used, the cover is now removed. The men offer puffed rice as the women
did earlier, cover the body with wood and offer incense and ghee. With the clay pot on his left shoulder,
the chief mourner circles the pyre while holding a fire brand behind his back. At each turn around the
pyre, a relative knocks a hole in the pot with a knife, letting water out, signifying life's leaving its vessel.
At the end of three turns, the chief mourner drops the pot. Then, without turning to face the body, he
lights the pyre and leaves the cremation grounds. The others follow. At a gas-fueled crematorium, sacred
wood and ghee are placed inside the coffin with the body. Where permitted, the body is carried around
the chamber, and a small fire is lit in the coffin before it is consigned to the flames. The cremation switch
then is engaged by the chief mourner.

6. Return Home; Ritual Impurity
Returning home, all bathe and share in cleaning the house. A lamp and water pot are set where the body
lay in state. The water is changed daily, and pictures remain turned to the wall. The shrine room is closed,
with white cloth draping all icons. During these days of ritual impurity, family and close relatives do not
visit others' homes, though neighbors and relatives bring daily meals to relieve the burdens during
mourning. Neither do they attend festivals and temples, visit swamis, nor take part in marriage
arrangements. Some observe this period up to one year. For the death of friends, teachers or students,
observances are optional. While mourning is never suppressed or denied, scriptures admonish against
excessive lamentation and encourage joyous release. The departed soul is acutely conscious of emotional
forces directed at him. Prolonged grieving can hold him in earthly consciousness, inhibiting full transition
to the heaven worlds. In Hindu Bali, it is shameful to cry for the dead.

7. Bone-Gathering Ceremony
About 12 hours after cremation, family men return to collect the remains. Water is sprinkled on the ash;
the remains are collected on a large tray. At crematoriums the family can arrange to personally gather the
remains: ashes and small pieces of white bone called "flowers." In crematoriums these are ground to dust,
and arrangements must be made to preserve them. Ashes are carried or sent to India for deposition in the
Ganges or placed them in an auspicious river or the ocean, along with garlands and flowers.

8. First Memorial
On the 3rd, 5th, 7th or 9th day, relatives gather for a meal of the deceased's favorite foods. A portion is
offered before his photo and later ceremonially left at an abandoned place, along with some lit camphor.
Customs for this period are varied. Some offer pinda (rice balls) daily for nine days. Others combine all
these offerings with the following sapindikarana rituals for a few days or one day of ceremonies.

9. 31st-Day Memorial
On the 31st day, a memorial service is held. In some traditions it is a repetition of the funeral rites. At
home, all thoroughly clean the house. A priest purifies the home, and performs the sapindikarana, making
one large pinda (representing the deceased) and three small, representing the father, grandfather and
greatgrandfather. The large ball is cut in three pieces and joined with the small pindas to ritually unite the
soul with the ancestors in the next world. The pindas are fed to the crows, to a cow or thrown in a river
for the fish. Some perform this rite on the 11th day after cremation. Others perform it twice: on the 31st
day or (11th, 15th, etc.) and after one year. Once the first sapindikarana is completed, the ritual impurity
ends. Monthly repetition is also common for one year.

10. One-Year Memorial
At the yearly anniversary of the death (according to the moon calendar), a priest conducts the shraddha
rites in the home, offering pinda to the ancestors. This ceremony is done yearly as long as the sons of the
deceased are alive (or for a specified period). It is now common in India to observe shraddha for
ancestors just prior to the yearly Navaratri festival. This time is also appropriate for cases where the day
of death is unknown.

Hindu funeral rites can be simple or exceedingly complex. These ten steps, devotedly completed
according to the customs, means, and ability of the family, will properly conclude one earthly sojourn of
any Hindu soul.
 
 
http://www.HinduismToday.kauai.hi.us/ashram/
 

 
    Having shown the very varied view of death and the way of treating the dead by another culture, let's talk about funeral homes, the way it is increasingly done in the West ;

Examples of funeral home operators both in U.S. and Canada.

Houston-based SCI, is the world's largest funeral-home operator
Loewen Group Inc. of Burnaby, British Columbia, Canada. - North America's second-largest funeral-service company
Funeral-home giant Service Corp. International
Stewart Enterprises Inc. of Metaire, La
 
 
 

 
 
 
 
 

    At an average cost of close to $5,000, a funeral may be one of the largest expenditures many of us will ever have.                ( Click for approx. details of various costs ) (3) After examining the figure above it is quite clear that funeral homes are big and possibly profitable businesses both in the U.S. and Canada. Problems start to arise when businesses expand and grow to levels that disturb local dealers and initially the case maybe dealt by local courts but taken up later by international courts, if necessary as it is in this case.

    A Canadian funeral conglomerate was fined $150 million for gross business misconduct in Mississippi. In 1995 Jeremiah O' Keefe a funeral home owner in Biloxi, Missi., sued Loewen for having breached an agreement to purchase several of O'Keefe's funeral homes. He accused Loewen of making an under the table agreement with another firm to renege on the deal. The suit also alleged that Loewen was trying to setup a monopoly, said Mike Allred, attorney for O'Keefe. Found guilty by the jury, for fraudulent practices, Loewen group was asked to pay O'Keefe $160 million, which was raised to $500 million later only to be settled at $150 million.

    Loewen Group retaliated by filing a complaint with the International Centre for Settlement of Investment Disputes, a unit of the World Bank. The Loewen Group became the first corporation to invoke the Nafta investor state clause against the U.S. government in an attempt to recover damages suffered as a result of a Mississippi court ruling. It filed the first Chapter 11 complaint in the United States, seeking $ 725 million in damages. " Chapter 11 of NAFTA provides the foreign investors who believe that they have been discriminated against or that their assets have been unfairly "expropriated" can demand compensation from the country where they are doing business" (4).
Loewen alleges that it's investor rights were violated beacuse the Mississippi courts subjected its officials to "invidious discrimination beacuse they were Canadians."

     Loewen claims that the U.S. government is liable because it is required to "ensure that state governments comply with NAFTA ". If Loewen wins, damages will come from U.S. taxpayers, not the plaintiffs in the Mississippi lawsuit.

    This lawsuit has, some fear, paved the way for more companies to follow in Loewen's path and use this NAFTA provision for theit own causes such as, in that both Canadian and Mexican companies may sue the U.S. government for setbacks in their business dealings.

    " Free-trade initiatives of the 1990s, such as NAFTA and the World Trade Organization, are coming under attack for handing foreign interests the legal firepower to undercut public policy on economic, health, safety and other issues."

    " A NAFTA provision, which was little discussed in the 1993 debate on the agreement, allows a corporation to sue one of the three NAFTA governments for cash damages to compensate for a government's failure to deliver to private investors all of the benefits promised to foreign investors under the trade accord.

    The Loewen lawsuit, which was outlined in the company's quarterly financial statement filed with the Securities and Exchange Commission, alleges that the company was subjected to discrimination, expropriation, all in violation of NAFTA." (5)
 
The NAFTA part of it may be seen in these statements  by
Lori Wallach ,
Director, Public Citizen's Global Trade Watch
Nov. 24, 1998

NAFTA "Investor-to-State" Provision Creates Giant Loophole  for Companies to Evade Justice
 
    Five year ago, a broad range of critics in the U.S., Mexico and Canada tried to warn that adoption of the North American
    Free Trade Agreement (NAFTA) would cause diverse damage to the standards of living, food safety and environment in
    North America. We argued that NAFTA was not so much about trade as about creating powerful new rights for
    corporations and investors at the expense of the public interest and democratic governance.

    Today, we unveil NAFTA's fifth birthday bombshell, an example of NAFTA damage that goes well beyond the harshest
    predictions of NAFTA's critics. The food safety dangers, job losses, and environmental crime we predicted all sadly came
    true. Now, we have an outrageous example of NAFTA's direct attack on democracy with potential implications that are
    boundlessly alarming.

    Loewen, a Canadian funeral conglomerate owning over 100 U.S. funeral homes and numerous cemeteries has made the
    first use in history of NAFTA provisions that allow a corporation to directly sue a NAFTA government for cash damages
    to compensate for a government's failure to deliver to a private investor all of the new benefits for foreign investors that
    NAFTA established.

    This case is not before any U.S. court, but will be heard by a NAFTA tribunal without any of the due process, conflict of
    interest or openness guarantees of the U.S. system. Indeed, notice of this case was filed 90 days ago with the U.S.
    government, but it was only revealed because the plaintiff mentioned it in a Securities and Exchange Commission filing.
    Briefs on the case, its hearings, any rulings and even its potential settlement will occur in total secrecy.

    None of the issues involved in this case are remotely related to international trade. None of the issue relate to laws that
    discriminate against foreign companies or "protectionist" barriers to business.

    Rather, Loewen's claim is that the very operation of the civil justice system in the state courts of Mississippi infringes on
    new rights foreign investors were granted under NAFTA. Specifically, Loewen lost a jury trial in Mississippi over its
    conduct towards a local family business. Prior to the case going to trial, Loewen had rejected a $3 million settlement offer
    from the O'Keefe family which operated several funeral homes in Biloxi. The jury, as we will hear today from its foreman,
    was outraged by Loewen's conduct and rewarded $100 million in damages. Oddly, Loewen then asked for jury
    consideration of punitive damages and was hit with $400 million in further liability. Loewen decided to appeal. In
    Mississippi, as in many other U.S. states, a surety bond is required at appeal to avoid defendants from declaring
    bankruptcy or otherwise moving assets to become judgement proof. Loewen went to the Mississippi Supreme Court
    arguing that the surety bond requirement was unfair and lost. Loewen ultimately accepted a second settlement offer at
    $100 million. Loewen's practices in other states have resulted in large court settlements and mandatory divestiture of some
    funeral homes.

    End of case? No. Thanks to NAFTA, Loewen has a new tool to demand a massive tax payer-funded reimbursement for
    the punishment a U.S. jury meted out for its bad behavior. Loewen claims that the very operation of the Mississippi
    Supreme Court, a Mississippi trial judge and Mississippi lawyers are "tantamount to" an "indirect expropriation" of
    Loewen's assets. This claim uses a broad NAFTA provision (Sec. 1110,) that grants compensation for "regulatory" taking
    -- that is government action falling short of seizure of property but that might affect an investment's value or profitability.

    Now, all of this might simply sound like a trade lawyer getting overly creative with NAFTA. Except, this very NAFTA
    provision has already resulted in a successful challenge of a health safeguard in Canada. In August, Canada revoked its
    ban on MMT, a gasoline additive banned by many countries and U.S. states after MMT's producer, the U.S. Ethyl
    Corporation, sued Canada for $250 million in lost expected future profits. Canada ultimately agreed to pay $14 million in
    profits lost to date and sign an apology declaring MMT safe for Ethyl's use in advertising. Another corporate suit using this
    NAFTA provisions has been taken by the U.S. Metalclad Corporation demanding compensation from Mexico because
    land zoning rules halted plans for a toxic waste plant on an ecologically sensitive site.

    It is hard to imagine that the narrow margin of U.S. Congress people who passed NAFTA in 1993 would have done so
    had they understood the powers it conferred upon investors and how these powers would be used by corporations to
    attack basic public interest laws, evade the very U.S. system of justice and tear down the everyday workings of the courts
    in an American state.

    If Loewen is successful in winning its case or compelling the government to settle – as in the Ethyl case – American
    taxpayers will have to shell out millions in compensation. And the case would set a chilling precedent that could embolden
    every corporate criminal seeking to evade justice. Perversely, these same provisions are at the core of the Clinton
    Administration's attempt - even in the absence of negotiating authority -- to expand NAFTA to the entire western
    hemisphere – as the Free Trade Area of the Americas (FTAA) agreement – and to the whole world – as the Multilateral
    Agreement on Investment (MAI). The Loewen case provides the latest example of why the U.S. should repeal NAFTA,
    not inflict it on other countries.

3. Related Cases

SPORTSIL: Canadian Controversy over Sports Illustrated

USCANADA: US-Canada Softwood Lumber Dispute

WALLEYE: US-Canada Tour Fishing Dispute
 
SALMON

SALMON 2

LOBSTER

ONTARIO
 
BODY - HUMAN PARTS TRADE

KIDNEY
 

4. Draft Author:

 
Timmy Joseph Thomas, 1999 
 
 
Impermanent though life is, we are getting more of it these days. It is estimated that the average life span
for prehistoric man was only 18 years. In ancient Greece and Rome it was 20-22. Alexander the Great,
having conquered the world, died at the ripe old age of 32. Sankara, having conquered the mind, also died
at 32. In Europe in the Middle Ages, life expectancy increased to 36 by the 18th century. By 1841 it was
40 for an Englishman, 42 for his wife. Today it is 70 for men, 75 for women. Hindu tradition says a
natural human life is 120 years; some hold this was once the norm in India. 
Death may seem static, but it is changing. In modern times life and death have both been extended. Life
has gone from a few decades of vitality to many decades ending with diminished health; death has
changed from nature's swift reprieve to a man-made, slow-motion decline which ever more frequently
exhausts the emotions and resources of families. Death's victims have changed, too, going from the very
young a few centuries back (when most died as children) to the elderly (over 80% of deaths in the US
occur over 65). 
Technological systems of life-support have introduced moral, legal and medical questions about what
constitutes death, and people are struggling, literally at any cost, to stay alive. Our choice for Most
Bizarre: Americans having their heads removed and frozen (at great expense) in hopes future medical
advances will conquer presently incurable diseases. Psychedelic guru Timothy Leary shocked many this
summer by arranging after his death to have his head surgically removed as part of a film shown at the
Cannes Film Festival (some think it a hoax). 
Where, how and with whom we die is also changing. Academic Geoffrey Gorer describes how death,
once a socially recognized inevitability, has become an embarrassing private trauma in which almost all
outside solace, except from intimates, is deemed an intrusion. Death, once the family's duty, has become
the work of paid strangers. 
 
 
 
 

II. Legal Clusters

5. Discourse and Status:

    AGReement, COMPlete
 

6. Forum and Scope:

    Forum : U.S. and Canada
    Scope : Regional
 
 

7. Decision Breadth:

    Number of parties Affected : 2
 

8. Legal Standing: TREATY

 

III. Geographic Clusters

 

9. Geographic Locations

a. Geographic Domain:  North America

b. Geographic Site: Northern North America

c. Geographic Impact:  U.S. and Canada
 

10. Sub-National Factors: NO

 

11. Type of Habitat: U.S. ( temperate forests and plains ) &  Canada ( Snow forests )

 

IV. Trade Clusters

 

12. Type of Measure: NAPP / ADMIN

 

13. Direct v. Indirect Impacts: Direct

 

14. Relation of Trade Measure to Environmental Impact

a. Directly Related to Product: YES Human

b. Indirectly Related to Product: No

c. Not Related to Product : NO

d. Related to Process: YES Culture
 

15. Trade Product Identification: Funeral homes ( Service provider )

 

16. Economic Data

    Industry output : $25 billion funeral business in the U.S.
                             Lowen Group 1997 estimated annual earnings ; $ 1.1 billion
    Employment :    16,000 in Lowen Group
 
VANCOUVER, June 1 /CNW-PRN/ - The Loewen Group Inc. (NYSE,TSE,ME:LWN - news news) announced today that, in order to ensure time to implement a new strategic plan while concurrently reducing its debt structure to compete more
effectively in the marketplace, the Board of Directors has authorized the Company to file a voluntary petition to reorganize
under Chapter 11 of the U.S. Bankruptcy Code, as well as an application for creditor protection under the Companies'
Creditors Arrangement Act (CCAA) in Canada.

The Loewen Group and approximately 870 of its U.S. subsidiaries filed their Chapter 11 cases in the U.S. Bankruptcy Court
for the District of Delaware in Wilmington.

The courts have been somewhat more active. In 1995, independent funeral-home owner Jeremiah O'Keefe sued Loewen for engaging in predatory trade practices. He accepted a $175 million settlement after a rural Mississippi jury awarded $500 million, having heard testimony by former Loewen employees confirming that they were ordered by the company to sharply raise prices at newly acquired homes or face dismissal. The settlement left Loewen open to a hostile takeover bid by SCI, but the company survived and the following year acquired $1 billion worth of new homes.
( www.usnews.com/issue/980323/23deat ).

A general price list of a Funeral home may look like this ;

General Price List

     (these prices are effective as of April 1, 1998 and are subject to change without notice)

       The goods and services shown below are those we can provide to our
       customers. You may choose only the items you desire. However, any funeral
       arrangements you select will include a charge for our basic overhead. If legal or
       other requirements mean you must buy any items you did not specifically ask for,
       we will explain the reason in writing on the statement we provide describing the
       funeral goods and services you selected.

       This price list is offered to comply with Federal Trade Commision's Trade
       Regulation Rule; Funeral Industry Practices 16 CFR Part 453. Our fees are
       established in consultation with a professional accounting firm, exclusively serving
       funeral homes.
Services of Funeral Director and Staff............................................................$1,355.00
       Includes: Twenty-four hour accessibilty; general and administrative expenses;
       arrangements conference; planning, supervising, and coordinating service details
       with those involved in the funeral service; securing, preparing, and filing necessary
       permits, certificates, authorizations, and consents; clerical and record keeping.
       This fee for our basice services and overhead will be added to the total cost of
       the funeral arrangements you selected. This fee is already included in our charges
       for direct cremations, immediate burials, and forwarding or receiving remains.
  Embalming...........................................................................................................$460.00
       Except in certain special cases, embalming is not required by law. Embalming
       may be neccessary, however, if you select certain funeral arrangements, such as a
       funeral with viewing. If you do not want embalming, you usually have the right to
       choose an arrangement that does not require you to pay for it, such as a direct
       cremation or immediate burial.
  Other preparation of the body ............................................................................$125.00
  Use of Facilities and Staff for:
  Viewing (one Day) .................................................................................................$375.00
  Additional day of Visitation.....................................................................................$250.00
  Funeral Ceremony (Funeral Home, Church or other location) .................................$410.00
  Graveside Service (Equipment and Staff)................................................................$340.00
  Memorial Service ..................................................................................................$300.00
  Automotive Equipment:(Additional $1.50 per mile outside 30 mile service area)
  Transfer of remains to funeral home ........................................................................$150.00
  Funeral Coach (Hearse).........................................................................................$180.00
  Utility Vehicle ........................................................................................................$140.00
  Additional Automotive Equipment and Services:
  Cremation Process ................................................................................................$250.00
  Medical Examiner Fee .............................................................................................$10.00
  Limousine - 6 passanger ........................................................................................$150.00
  Merchandise:
  Caskets ................................................................................................$10,000 - $895.00
                (A Complete price list will be provided at the funeral home)
  Outer Burial Containers .........................................................................$12,500 - $675.00
                (A complete price list will be provided at the funeral home)
  Air Tray for Casket ...............................................................................................$120.00
  Alternative Container .............................................................................................$100.00
  Other Services:
  Forewarding of Remains to another Funeral Home:.........................................$957.20
       This charge includes: transfer of remains, neccessary services of Funeral Director
       and Staff, embalming, transportation to the airport, and air tray (excludes shipping
       charges).
  Receiving Remains from another Funeral Home:..........................................$1,395.00
       This charge includes: transportation from the airport(Excludes shipping charges),
       necessary services of Funeral Director and Staff, and local transportation to final
       place of burial.
  Direct Cremation:................................................................................................$990.00
       Our charges for a direct cremation (without ceremony) includes: transfer of
       remains, necessary services of Funeral Director and Staff; body preparation.

       If you want to arrange a direct cremation, you can use an alternative container.
       Alternative containers encase the body and can be made of materials like
       fiberboard or composition materials ( with or without outside covering). The
       containers we provide are cardboard.
  A. Direct cremation with any casket selected from our funeral home(service only) ...$990.00
  Range of direct cremations with a casket from our selection room ...$10,990.00 - $1,940.00
  B. Direct cremation with a container provided by purchaser ....................................$990.00
  C. Direct cremation with an alternative container ..................................................$1,090.00
  Immediate Burials:..............................................................................................$875.00
       Our charge for an immediate burial includes: transfer of remains, necessary
       services of Funeral Director and Staff, body preparation other than embalming,
       local transportation to cemetery, and graveside service only - No formal viewing
       or visitation.
  A. Immediate Burial with any casket selected from our funeral home (service only) ..$875.00
  Range of immediate burials with a casket from our Selection Room
  ......................................................................................................$10,875.00 - $1,770.00
  B. Immediate Burial with a container provided by the purchaser ..............................$875.00
 

 
 
 
 

Source : McAlister Funeral Home


17. Impact of Trade Restriction: No Impact

 

18. Industry Sector: Service ; Others

 

19. Exporters and Importers: Canada and U.S.A.

 

V. Environment Clusters

 

20. Environmental Problem Type: Culture

Cultures can be death-accepting, death-denying or even death-defying. In the death-defying West, the strategies for salvation have historically included activism and asceticism. In the East, the strategies have often been more contemplative and mystical.
Death may be considered either as the end of existence or as a transition to another state of being or consciousness. For Buddhists and Hindus, the arch-ordeal envisioned is not death but rather the pain of having to undergo another rebirth. It is the end of rebirths that is their goal, not the end of death, which is the goal of Christianity.  The Hindus, for example, handle the problem of death by viewing life as the illusion  and the realm between reincarnations as that which is objective. Hence, for many in Eastern cultures the  primary concern is to avoid rebirth by extinguishing one's self-centeredness (thereby, for the Buddhists, being absorbed into an impersonal, collective oversoul), while in much of the West, this concern is to obtain  as high a quality of personal existence as is possible in the here-and-now.

"The pious Hindu approaches death as a meditation and a spiritual discipline. The body's impending
demise compels him to practice detachment, which is difficult to achieve amid life's tumult. Lord Yama's
nearness compels new urgency to strive. No longer can he put it off. No more excuses. No more
distractions. Death's knock at the door reminds him of what is transient and what is eternal, and he knows
instinctively which to embrace."   http://www.HinduismToday.kauai.hi.us/ashram/
 

21. Name, Type, and Diversity of Species

Name: Humans

Type: Homo Sapiens
 
 

22. Resource Impact and Effect: Low and Regulatory Impact.

 

23. Urgency and Lifetime: N/A

 

24. Substitutes: Cremation  ( to reduce as a dead body to ashes by burning as                 practised by the Hindus and possibly other religions ) & Burial.

 

VI. Other Factors

 

25. Culture: Yes

 

26. Trans-Boundary Issues: No

 

27. Rights: No

 

28. Relevant Literature

Most research was conducted via electronic databases of Lexis-Nexis and Ebsco Host.
 

 
 
Death is big business !
 
 

News

Each year, alcohol kills five times as many Americans as all illegal drugs combined. Tobacco kills more Americans each year than car accidents, homicides, suicides, fires, AIDS, alcohol, cocaine, crack and heroin combined. Substance abuse kills more than 500,000 Americans every year, making it the largest preventable cause of death in the United States. - from "Addicted" a three-part HBO television special (1997) 
*Mel Blanc, the voice of many Warner Brothers animated favorites, has a tombstone which reads: "That's All Folks!"
 
*"To sleep; perchance to dream; ay, there's the rub; For in that sleep of death what dreams may come, When we have shuffled
off this mortal coil...." - Hamlet, Act 3, Scene 1
 
*from "The Harper Book of American Quotations"(Harper & Row)