The inquest into the death of a Headingley inmate has been delayed after the victim's family claimed there was a conflict of interest.
Donald Moose, 32, died of cardiac arrest in 2009 after becoming sick at the correctional centre west of Winnipeg.
His family believes he died of an overdose of anti-depressents administered by prison staff. They say since Moose died in a provincial facility, the Crown cannot represent their best interests.
"We're now going to try to obtain a method by which the family can ask the questions they believe should be posed to the witnesses as they are brought forward," said Saul Simmonds, the Moose family's lawyer.
"The family is aboriginal, and they feel that aboriginals are over represented in institutions like Headingly and whether he got proper care is one of the issues we are going to address."
The inquiry was scheduled to start this week Moose's family went to court Thursday morning with their concerns.
Albert Gotkin, Moose's brother-in-law, is confident the province will agree with the family's point of view.
Lawyers are no scheduled to argue the conflict motion next Wednesday.
"We feel that you need an outside voice. You can't question yourself about what you did wrong. It doesn't work," he said.
The inquest start date has been set back to Oct. 29.