In 2008, 22 people died as a result of a listeriosis outbreak at a meat processing plant in Canada. This raised concerns regarding food inspection, public notification and product recall procedures. Criticism of the Canadian Food Inspection Agency (CFIA), the government agency that handled the crisis, obliged the Prime Minister to call for an investigation.

Canadian courts have traditionally applied the doctrine of Crown immunity to federal and provincial government agents. This article examines whether agents, such as the CFIA, could be liable to consumers in negligence, and whether it is time for policy change in circumstances involving public safety.

Reproduced with permission of the publisher from Deakin Law Review, Vol. 14, No. 2, 2009.

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