Police in Sherbrooke, Que., have arrested a 22-year-old waiter for serving salmon tartare to a client who ordered beef tartare and had warned him he was allergic to seafood.
But securing a conviction for criminal negligence — a prospect raised by police on Thursday — could be difficult.
If Crown prosecutors decide to press charges, the waiter is likely to be accused of criminal negligence causing bodily harm. Gatineau, Que., resident Simon-Pierre Canuel said he went into anaphylactic shock and had a cardiac arrest that left him in a coma for several days after eating salmon tartare instead of the beef tartare he had ordered.
In order to convict the waiter, the Crown would have to establish that he displayed extreme carelessness toward the client's safety, said one criminal defence lawyer.
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http://www.cbc.ca/beta/news/canada/m...ence-1.3707667
