The four courts and 14 judges who heard the Powley case all recommended that the Crown enter into negotiations with the Métis. This paper draws on dispute resolution design principles to outline a role for courts that will ensure that negotiations take place. These negotiations should address three important issues: the identification of a Métis community, characteristics of membership and criteria for representation. The author argues that proper prior negotiations, even if they do not result in agreement, can help courts make better decisions on the three issues outlined above.
Available at: http://works.bepress.com/shin_imai/38/