[luckylion]

Correct me if I'm wrong, but that's a scholar's opinion on the application of the law, not the law. What courts make of it, and how they develop the law over time, cannot be concluded at this point.

And it goes on to say, a few lines below what you quoted:

If someone refused to use a preferred pronoun — and it was determined to constitute discrimination or harassment — could that potentially result in jail time?

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.

“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.”