You’re right, I was confusing the two issues. But this article from the cbc with commentary from two legal experts isn’t completely reassuring:
> Does the bill legislate the use of certain language? And could someone go to jail for using the wrong pronoun?
>In the Criminal Code, which does not reference pronouns, Cossman says misusing pronouns alone would not constitute a criminal act.
>“The misuse of gender pronouns, without more, cannot rise to the level of a crime,” she says. “It cannot rise to the level of advocating genocide, inciting hatred, hate speech or hate crimes … (it) simply cannot meet the threshold.”
>The Canadian Human Rights Act does not mention pronouns either. The act protects certain groups from discrimination.
>“Would it cover the accidental misuse of a pronoun? I would say it’s very unlikely,” Cossman says. “Would it cover a situation where an individual repeatedly, consistently refuses to use a person’s chosen pronoun? It might.”
>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.
>“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.”
https://www.cbc.ca/cbcdocspov/features/canadas-gender-identi...
[EDIT: added link]