Quasi-constitutional
Quasi-constitutional describes ordinary statutes that courts treat as fundamental, such as human rights and privacy laws. They are interpreted broadly and generally prevail over conflicting ordinary legislation, but they are not part of the Constitution and can be amended by the legislature in the usual way.
How BC law treats it
The Human Rights Code, RSBC 1996, c 210, s. 4 provides that it prevails over conflicting enactments, and courts have described privacy legislation as quasi-constitutional. The Canadian Charter of Rights and Freedoms is not quasi-constitutional; it is part of the Constitution.
What it means for your business
Human rights and privacy obligations are interpreted broadly and will usually take priority over contract terms or other statutes.
Risks and common mistakes
A contract term or workplace policy that conflicts with the Human Rights Code will not protect a business from a complaint.
Fulcrum's privacy and data protection lawyers can help with these issues.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.
