Is Canada liable for the development of a new strain of low-tar tobacco?

Canada contends that it had a policy of encouraging smokers to consume low-tar cigarettes, and pursuant to this policy, promoted this variety of cigarette and developed strains of low-tar tobacco. Canada argues that statements made pursuant to this policy cannot ground tort liability. It relies on the statement of Cory J. in Just v. British Columbia, 1989 CanLII 16 (SCC), [1989] 2 S.C.R. 1228, that “[t]rue policy decisions should be exempt from tortious claims so that governments are not restricted in making decisions based upon social, political or economic factors” (p. 1240).