It wouldn't be a moot point because in 5(2) it refers to an offence, a conviction. In 5(2) you have to be convicted of criminal harassment. In the proposed motion you just have to have a history of behaviour. It does not need to be a conviction. There could be allegations. There could be police reports. There could be other types of evidence that may be considered or may not be considered.
On June 7th, 2018. See this statement in context.