The trial of a Winnipeg police officer charged with allegedly using excessive force and striking a 12-year-old boy last year hit a delay Tuesday when the boy and his mother didn't show up in court.

Brandon-based Crown attorney Kaley Tschetter asked provincial court Judge Ryan Rolston to adjourn the trial involving Winnipeg police officer Christian Guyot and issue an arrest warrant for the boy he was charged with assaulting last summer.

The boy, now 13, and his mother — neither of whom can be identified under the Youth Criminal Justice Act — did not appear for the trial, despite knowing they were due in court, Tschetter said.

The boy's sister, who filmed the interaction that got Guyot charged, was in court Tuesday, but her testimony was postponed.

CBC News spoke with the mother Tuesday afternoon. She seemed confused and said she was under the impression that it was just her daughter and son who were supposed to show up and testify the first day.

"He slept in," the mother said, referring to her son. "I'll have to get my boy over there [Wednesday]."

'Reasonable grounds'

Last fall, the boy's mom told CBC News she called police on Aug. 7, 2017, because her son was throwing garbage and recycling around their house in the midst of a temper tantrum.

Two officers arrived and parts of the interaction with the boy were caught on camera in a one-minute video the sister shared with CBC. The video played a role in the assault charge laid against Guyot in November 2017 following a review by the Independent Investigation Unit of Manitoba.

The IIU, which investigates all serious cases involving police in the province, found there was "reasonable and probable grounds to believe a criminal offence occurred" and charged Guyot.

In the video, two officers enter the home and ask to speak with the boy. A loud slapping sound can be heard, although you can't see the officer touch the boy.

This video sent to CBC by family shows a Winnipeg police officer allegedly slapping a 12-year-old boy after the teen swears at the officer. The officer will be charged with assault, according to Manitoba's police watchdog. 1:12

The boy swears at the officer, who replies "You're 12, you don't talk to me like that." The boy follows up with "F--k you"; the officer responds "F--k me?"; and the boy ends by saying "What the f--k you looking at man?" and calling the officer a homophobic slur when he asks him to go outside.

The officer follows the boy into a separate room where a slapping noise is heard and the officer's arm lifts into the air. The officer and his partner escort the boy outside after one of them tells him to "show some f--king respect."

The boy's mother previously said her son wasn't charged and was released at a street corner a short time later.

She also told CBC News her son was previously charged with robbery and assault when he took back his stolen bike. He spent time in a youth correctional facility, she said at the time, and had begun probation that included a 10 p.m. curfew.

Previous warrant

T​​schetter said a separate arrest warrant was issued for the boy in August after he violated his curfew. He is due in court Thursday to address that matter.

The Crown attorney said the boy's mother missed a scheduled meeting with her last week and confirmed over the phone Monday that she was aware of the trial getting underway on Tuesday.

Tschetter said a subpoena was served to the mom on July 20 requiring she specifically bring the boy to court given the age of her son.

Tschetter said the pair "have been hesitant to come in" because the boy knew he still has a prior warrant out for his arrest.

Rolston gave Tschetter a two-hour recess but she failed to locate the pair. The sister was in the building and was supposed to testify but had asked, through Tschetter, if her testimony could be held over until Wednesday so she could be with her four-month-old child, who is in hospital with medical issues.

"Out of fairness [to her] I think that's the place she needs to be today," Tschetter said.

'Hanging over his head'

Guyot's lawyers Lisa LaBossiere and Hymie Weinstein pushed back at Tschetter's request for a delay and suggested the sister testify since she was available.

LaBossiere said Guyot would face personal and workplace issues if the trial were to be delayed, as the accusations have been "hanging over his head" since he was charged nearly one year ago.

LaBossiere questioned whether the Crown would be able to produce the boy Wednesday for the trial, or whether he will show up for his separate curfew breach hearing Thursday, based on challenges Tschetter has already encountered reaching them since August.

"There is a warrant for his arrest, he clearly knows that he is wanted based on the Crown's representation, and he did not attend the Crown meeting and is not in court today," LaBossiere said. "I think the likelihood of that happening is really one that does not exist."

After issuing the arrest warrant, Judge Rolston adjourned the trial, which is expected to resume Thursday morning.

With files from Austin Grabish