I was the person who suggested that you get rid of subsection 33.1(2), because it's not necessary. The standard that the Crown has to prove to remove the defence is already in subsection 33.1(1). Judges know that they have to consider the circumstances.
I think the test, if we wanted to just change that standard.... Even foreseeability of a loss of control would be a more workable standard than a foreseeability of harm. Where it is foreseeable that you will lose control of your actions, then you should bear the risk that those actions are going to seriously harm another person. That burden should not be placed on the victims, who are disproportionately women and girls.