The territory's chief coroner appealed a Yukon Supreme Court decision Friday that overturned the findings of the coroner's inquest into the death of Raymond Silverfox.

The appeal was heard by three Yukon Court of Appeal Justices visiting from Vancouver: Elizabeth Bennett, Mary Saunders, and David Tysoe.

Silverfox died in 2010 after 13 1/2 hours in police custody, during which time he became violently ill and was left to lie in his own vomit, feces, and urine. He was only taken to hospital after he fell unconscious.

Counsel for the coroner, Zeb Brown, argued that Justice Ron Veale's decision to quash the findings of the coroner's inquest was incorrect.

Veale asserted in his decision that the choice to play the security footage of Silverfox in his cell during the 13 1/2 hours before he fell unconscious in fast forward "deprived the jury of the opportunity to assess critical evidence.”

Veale also found that the coroner's summation or charge to the jury members was insufficient and left them unable to determine anything but that Silverfox had died of natural causes.

Brown noted that there weren't any objections to playing the video in fast-forward mode during the inquest. Neither did it affect the jury's understanding of the evidence, he asserted, noting that there was extensive discussion regarding what happened to Silverfox in the cell and the conditions he was left in.

He also argued that in determining the summation to the jury was insufficient, Veale failed to view the summation within the context of the Coroner's Act and the goal of the inquest. Instead, he examined it within a more adversarial context.

Brown argued that having to review competing theories and evidence put forward throughout the inquest places an onerous expectation on the coroner; and allowing competing counsel to make closing submissions would create a more adversarial process.

He went on to suggest that Veale was wrong to consider these as issues of procedural fairness.

"The inquest, I think it's fair to say, was exhaustive to a fault,” Brown told the panel of judges.

He explained that in the Yukon, a coroner's inquest is a fact-finding investigation rather than a fault-finding mission.

Yet Veale's decision held it to a higher standard of fairness than would usually be applied to a fact-finding process, he argued.

Brown suggested Veale should have instead asked whether the summation and fast-forwarded video were reasonable, rather than procedurally fair.

He conceded that it's possible the Yukon Coroner's Act is in need of review. However, he submitted that review should undergo a legislative process. Veale's decision inappropriately augments the inquest process, he argued.

Suzanne Duncan, counsel for the auditor general, also made submissions in support of the appeal.

Duncan in large part reiterated points raised by Brown, adding that the jury did have access to the video of Silverfox for viewing outside the daily proceedings.

Counsel for the Silverfox family, Susan Roothman, argued that the appeal should be dismissed on the basis that the chief coroner was to some degree a decision maker during the inquest, and was not a full party to the judicial review.

Roothman countered the arguments raised by Brown, supporting Veale's conclusions.

Roothman argued that while the coroner's role does not involve the assignment of blame, it doesn't follow that she should not investigate fault. She asserted that the jury should have been instructed to consider whether there was fault or negligence involved in Silverfox's death.

Roothman also said that Veale's decision would not change inquest proceedings.

Rather, she argued, Veale's decision simply demanded the coroner's summation fulfill the requirements of the act as it stands currently.

Regarding her failure to raise objections to both the fast forwarding of the video and the summation, Roothman said she had at one point requested that the last portion of the video, when Silverfox loses consciousness, be played in real time, but that request was denied.

Both Duncan and Brown noted later that Roothman made that request for reasons other than allowing the jury to fully grasp the conditions Silverfox endured, as Veale suggested.

As for the summation, Roothman said she wasn't given an opportunity to object to it because she wasn't given a copy of what was to be said beforehand.

She also argued that Veale's quashing of the jury's decision should stand. That's because a decision that Silverfox died of natural causes gives no incentive to implement the recommendations that accompanied the verdict, she said.

Brown disagreed, arguing that the instructions to the jury members gave them ample opportunity to make another verdict and that a verdict of natural causes does not diminish the significance of the recommendations.

The justices reserved their decision.

Close to 20 members of Silverfox's family and friends were present throughout the day's proceedings, after having participated in a drum circle outside the courthouse earlier in the morning.