The Influence of Judicial Uncertainty on Executive Support for Negotiation in Canadian Land Claims Policy.

Governments and Indigenous groups bargain under the shadow of the law, and this paper pushes the judicial politics research agenda by examining empirically whether flickers in law's shadow systematically affect the implementation of the Canadian government's negotiation choice in the Indigenous land rights context. Through interviews and a time series analysis of Canada's specific claims policy, I find that judicial uncertainty increases the federal government's propensity to accept specific claims for negotiation. However, there is evidence that Indigenous protest action during the Oka crisis and Elijah Harper's role in scuttling the Meech Lake constitutional accord, more than other factors, greatly impacted the federal budget allocated towards negotiation. [ABSTRACT FROM AUTHOR]