It's not necessarily a hesitation. As members know, the threshold is whether it's clearly unconstitutional. By looking at one provision, in particular clause 1, which would amend subsection 161(1) of the Criminal Code with respect to a prohibition order, it would prohibit the offender from “being within two kilometres of a dwelling house where the offender knows or ought to know that the victim is present or can reasonably be expected to be present”.
