If there is a conflict between the Code and other provincial laws, which applies?

If there is a conflict between the Code and other provincial laws, which applies?

• A. A provincial law with priority
• B. The Charter
• C. The Code
• D. The Constitution

Answer: (C)

The main idea here is that provincial human rights protections are centered in the province’s Human Rights Code, which is the controlling framework for discrimination and related rights within that province. When another provincial law would conflict with the Code in the area of human rights, the Code governs because it expresses the province’s policy and provides the remedies and procedures for rights claims. In practice, you apply the Code first to determine whether conduct is prohibited and to guide remedies, and you interpret other provincial laws so they do not undermine the Code. The Constitution and the Charter sit at the top of the hierarchy, so if a challenge directly raises a Charter-right issue, the Charter would prevail and the law would have to be read or struck down to the extent of the inconsistency. But for typical conflicts between the Code and other provincial laws that do not implicate constitutional rights, the Code takes precedence within its domain.

The main idea here is that provincial human rights protections are centered in the province’s Human Rights Code, which is the controlling framework for discrimination and related rights within that province. When another provincial law would conflict with the Code in the area of human rights, the Code governs because it expresses the province’s policy and provides the remedies and procedures for rights claims. In practice, you apply the Code first to determine whether conduct is prohibited and to guide remedies, and you interpret other provincial laws so they do not undermine the Code.

The Constitution and the Charter sit at the top of the hierarchy, so if a challenge directly raises a Charter-right issue, the Charter would prevail and the law would have to be read or struck down to the extent of the inconsistency. But for typical conflicts between the Code and other provincial laws that do not implicate constitutional rights, the Code takes precedence within its domain.