Actually they can't.
Original Link:
http://en.wikipedia.org/wiki/Rare_(v...ompany)#Future
On March 26, 2006,
Matt Casamassina, Editor-in-Chief of IGN Wii, had announced in his blog that Nintendo's
Wii Virtual Console service, a feature which allows players to download games from the history of Nintendo, will be "Rareless"
[4]. He stated that he had "met with some Rare/Microsoft staff" while attending the 2006
Game Developers Conference, who confirmed once and for all that the Virtual Console will not see any Rare-owned licenses. This means that classic Rare titles such as
Perfect Dark,
Jet Force Gemini, and
Banjo-Kazooie (to name a few) may be absent from the download service;
GoldenEye 007 has the added problem that the
James Bond video game license is held by
EA, and would require both Rare and Activision's approval to be released on the system. The Donkey Kong games that were developed by Rare remain unaffected, since Nintendo retain the rights to the Donkey Kong series. However, despite the blog post, Rare or Microsoft have yet to make an official announcement regarding this particular issue.
But it's possible it might be able to.