HALIFAX - A police complaints commission will release its final report this week into the fatal shooting of a Mi'kmaq man in Nova Scotia.

Jamie Robertson of the Commission for Public Complaints Against the RCMP said Monday the agency has received the police department's comments on its 120-page report into the December 2008 death of John Simon.

"Nothing changes. Our report stays as it is written. We just needed the RCMP's comments," said Robertson.

He said the agency intends to post the report on its website.

Simon's relatives and Wagmatcook band members complained on Sunday they have waited too long to hear the results given that the commissioner of the RCMP and the federal minister of public safety received the document in early December.

Simon was shot and killed in his home in Wagmatcook on Dec. 2, 2008, by an RCMP officer.

An investigation by Halifax Regional Police concluded that RCMP Const. Jeremy Frenette entered Simon's house against direct orders from his supervisor and that Simon had a rifle and was potentially suicidal.

The investigation found that Frenette shot Simon in self-defence and indicated no criminal charges would be laid.

The Halifax police report was given to the Mounties for input before it was released to the Simon family on Dec. 8, 2009, six days too late to pursue any disciplinary action against Frenette.

The RCMP has said a disciplinary review must occur within 12 months of an incident and it didn't begin that process in this case.

After it became public that no action would be taken, the complaints commission started its own investigation in March 2010.

Robertson wouldn't comment on the specifics of the report but he said it will "touch upon" the lack of a disciplinary review.

"There are recommendations that address every aspect of the case, and this is a tragic case," he said.

Robertson said the findings aren't binding on the RCMP but the commission will monitor whether its recommendations are acted on.

A spokeswoman for the RMCP said its response was sent to the commission on March 10.

"The RCMP has co-operated fully with the CPC in this matter," Sgt. Julie Gagnon wrote in an email.

The Wagmatcook band council submitted a 22-page brief questioning the independence of the Halifax police report, arguing that it was based on poor reasoning and biased assumptions and conclusions.

Band administrator Brian Arbuthnot has said Simon's death will continue to resonate in native circles and hinder the RCMP's ability to police any First Nations community until the issue is resolved.