In a personal injury action, is there a third approach?

That third approach would be to examine whether or not protections under the Canadian Charter of Rights and Freedoms (the Charter) may be available. Counsel for the mother briefly referenced the Charter in her arguments however did not fully explore whether or not the Charter could apply in this case. This court wished to examine the applicability of the Charter so I indicated to both counsel that Charter notice would need to be given, and both parties would be given the opportunity to make submissions. See R v. Al-Fartossy, 2007 ABCA 427 at paragraphs 22-25. I received written submissions from both counsel.