It is possible, Brown says, through a process that would
start with a complaint and progress to a proceeding before a human rights tribunal. If the tribunal rules that harassment or discrimination took place, there would typically be an order for monetary and non-monetary remedies. A non-monetary remedy may include sensitivity training, issuing an apology, or even a publication ban, he says.
If the person refused to comply with the tribunal's order, this would result in a contempt proceeding being sent to the Divisional or Federal Court, Brown says. The court could then potentially send a person to jail “until they purge the contempt,” he says.
“It could happen,” Brown says. “Is it likely to happen? I don’t think so. But, my opinion on whether or not that's likely has a lot to do with the particular case that you're looking at.”
“The path to prison is not straightforward. It’s not easy. But, it’s there. It’s been used before in breach of tribunal orders.”