I think there are two main reasons that we've raised.
First, if you look at the history of the criminal law and look specifically at something like mandatory charging and domestic violence policies, you'll see that violence and abuse are often treated differently when faced by BIPOC communities. It's not understood the same way by police officers and by members of the legal system. Often this leads to the victim being charged as an aggressor.
Studies have shown that this happens at much higher rates with indigenous and Black women. They are identified and charged as primary aggressors in situations of domestic violence when they were really the survivors there. That is a risk that we really think should be taken seriously with any new criminal offence.
Second, marginalized communities, racialized communities, disabled women and queer communities, all of these groups have valid and historical reasons to distrust the police and the legal system. Relying on the legal system and the criminal justice system as the solution in effect places these people outside of the system and outside of an ability to seek help. People who feel more comfortable going to the legal system and talking to police officers might feel like they can access this criminal law, but many of these communities would not want to seek out—