The family of Raymond Silverfox is one step closer to seeing a judicial review of the coroner's inquest into the man's death.

On Thursday, Yukon Supreme Court Justice Ron Veale ordered that the family's lawyer, Susan Roothman, sign a new undertaking. That would enable her to keep the documents from the Silverfox inquest a little longer.

Those documents include information given during the inquest as well as 13 hours of recordings that document the time the Little Salmon-Carmacks First Nation man was in Whitehorse RCMP custody.

The previous undertaking required Roothman to return the documents to Yukon coroner Sharon Hanley 30 days after the jury's verdict came in that Silverfox died of natural causes.

Andre Roothman, another lawyer for the family, was in court Thursday. He said today it is unusual that a lawyer would be asked to return the documents to the coroner following an inquest.

The new undertaking allows Susan to keep the documents until after the judicial review or a subsequent appeal has been finalized.

Silverfox died of a blood and lung infection in 2008 after spending more than 13 hours covered in his own vomit while in police custody, the inquest heard.

The 43-year-old man wasn't provided medical attention until an officer noticed he wasn't moving.

The inquest revealed that officers and guards had laughed at and mocked Silverfox in his final hours.

Following the inquest, a jury concluded the man had died of natural causes.

In May, members of the Silverfox family asked for a public inquiry into the inquest.

They filed a petition with Yukon Supreme Court that points to a number of problems they have with the inquest.

Roothman said they believe Hanley relied too heavily on an RCMP investigation, and that the coroner could have used a city police force to do the investigation.

"It's supposed to be the coroner's investigation, but the RCMP basically took over,” he said.

"Typically when someone dies in RCMP custody, you would expect that she would have gone Outside.”

The family also takes issue with the fact that the jury only heard an edited version of the more than 13 hours of recordings that documented the time Silverfox spent in police custody.

In addition to that, the pathologist who determine Silverfox's cause of death did not review the RCMP recordings.

The issue will return to court on Sept. 10, when it will be decided whether the judicial review includes the investigative process as well as the inquest proceedings.

No date has been set for the actual judicial review.