The prosecution has moved to stop Const. Daniel Montsion's attempt to have his manslaughter trial thrown out.
The Ottawa police officer has pleaded not guilty to manslaughter, aggravated assault and assault with a weapon in the violent arrest of Abdirahman Abdi in 2016.
Abdi was left without vital signs after the altercation and died in hospital the next day.
A surveillance video caught the arrest on tape, but the defence said the evidence was mishandled.
They argue negligence on the part of the Special Investigations Unit, which laid the charges, violated Montsion's rights under the charter.
Defence sees contradictions
The defence filed an application to stop the trial, or at least to have all versions of the video deemed inadmissible.
The Crown will argue that is without merit and the defence is being "inherently contradictory and seemingly disingenuous."
"The accused purportedly seeks a 'reliable visual record' if the relevant event while at the same time, [seeks] an order excluding the most reliable visual record of relevant events from this trial," the Crown wrote in its application to the court.
The lawyers will make their arguments on Monday before Justice Robert Kelly decides if he will hear Montsion's charter application.
If the Crown fails to quash Montsion's request, they have asked the judge not to rule on the Charter application until the end of the trial after he has heard all the evidence.