HALIFAX - The lawyer for a Nova Scotia First Nation says he's upset an inquiry into the shooting death of an aboriginal man by the RCMP will be reviewed by the force's top brass before being released to John Simon's family.

The Commission for Public Complaints Against the RCMP says it has completed its report and has sent it to RCMP commissioner Bill Elliott before the public release.

Wagmatcook band lawyer Gary Richard says legislation doesn't require this step and he fears the RCMP will take too long to respond.

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

After calls for a provincial public inquiry into the death were turned down, the acting chair of the complaints commission started an investigation in March.

A spokesman for the commission says it is standard practice for the arm's-length agency to first send reports to the commissioner for added comments and he doesn't "anticipate a delay" in the commissioner's response.