Show Notes
Kirsten Barnes successfully fought to bring a Gitxsan girl back to her family after she had been in care for six years in a non-Indigenous home. Barnes, a former elected Chief of Gitanmaax and the Indigenous Justice Centre Clinical Director at the BC First Nations Justice Council, is unapologetic in her fight for her nation to assume control over child welfare service delivery. For her, Gitxsan child welfare is not just a “program,” but a “way of life.”
Note: At the time of recording, Kirsten still held her role at the BC First Nations Justice Council but since then, starting September 2026, she has pivoted to a new role as Associate Lawyer at Olthuis Kleer Townshend LLP, Canada’s largest law firm serving Indigenous clients. Congratulations, Kirsten, on your new position! Check out her bio page at OKT here.
Additional readings:
To learn about the life and legacy of Indigenous law professor Perry Shawana, read the UNBC announcement here
To explore the landmark Delgamuukw v. British Columbia decision on Aboriginal title and Indigenous rights, go here. For case notes, see this
To learn more about the The Federal Act and “Coordination Agreements” as described within the Act, see An Act respecting First Nations, Inuit and Métis children, youth and families (S.C. 2019, c. 24)
To watch the news report on the Gitanmaax Band and hereditary chiefs standing together to protect a child in care, view the Global News report here
To read about An Act respecting First Nations, Inuit and Métis children, youth and families and the legal recognition of Indigenous jurisdiction, go here
To learn about the Powley decision and the “Powley test” used to officially confirm/recognize Metis identity, see here. To explore academic critiques/explorations of the Powley Test, as well as its applicability in the BC context, see here and here and here
To read “Stories of Contemporary Metis Identity in BC” see here
Read the Canadian Bar Association’s Toolkit around Indigenous children’s rights in Canada
Read this CBC article about the “controversial rise of the eastern Metis”
To further explore the prioritization of “permanency” over “cultural connection/belonging” in Indigenous child welfare disputes, see here, here, here, here and here to see how this issue is taken up outside of the Canadian context
To learn more about Metis Nation BC see here
To learn more about 92.1 Agreements see here
To learn more about the Indigenous Services Canada FNCFS Program (funding for prevention, protection, band rep, post-majority, infrastructure, etc) see here
To learn about applying for federal funding to establish a Band Representative position in First Nations communities, go to the Band Support Funding page
Reach out to OKT Law (where Kirsten now works). OKT Law provides CFS and Band Rep support. If you want more information about how to establish your own band rep program or your nation wants to pursue jurisdiction feel free to reach out to Kirsten directly at [email protected]
To read more about Chief Kirsten Barnes and the Gitanmaax Chief and Council, explore the Gitanmaax Council page here
To learn more about “roots workers” and the important role they play in connecting children in care to their families/communities-of-origin see this article
If you’re looking to connect with a roots worker, try connecting with your local/closest child welfare office, or your local/closest Native Friendship Centre. If there isn’t someone in an official role, they may be able to connect you to someone in the community who holds this kind of genealogical knowledge/memory and plays this role in an unofficial capacity. See here for an example of how roots work is done at the community level to help members find their way home
More from Calling All Kin
For 15 years, Haida auntie-advocate Katharina Stocker served as Executive Director of NIȽTU,O Child and Family Services Society, championing a simple philosophy: prevention, not punishment. The NIȽTU,O Child and Family Services Society provides families with the support they need, so their children are not removed. And it works! Over a five-year period, not a single child from her member nations was taken into provincial care. In this episode, Katharina offers a masterclass in culturally-appropriate, trauma-informed care that truly centers children and families.
Tara Williamson was nearly taken in the ‘sixties scoop,’ but now she navigates the child welfare system as an adoptee, a parent, and legal expert. A member of the Opaskwayak Cree Nation and the Co-Research Director at the Indigenous Law Research Unit, Tara partners with First Nations to revitalize and articulate their own family laws under Bill C-92. Williamson shares why it’s important to “breathe life” back into Indigenous laws around children and families, and what’s at stake when we talk about keeping children at the center of child welfare decision making.
In 1980, a 25-year-old Wayne Christian led the historic Indian Child Caravan to Vancouver, a thousand-person march that successfully clawed back jurisdictional control over Indigenous children. That march paved the way for the landmark Bill C-92, which recognizes the jurisdiction of Indigenous nations to enact their own child welfare laws, policies, and approaches to child and family service delivery. In this episode, Chief Wayne discusses the Caravan’s enduring legacy, and his lifelong commitment to those he set out to march for: children.
Calling All Kin launches Wednesday, September 30th, 2026, on the National Day for Truth and Reconciliation. Listen to our trailer and subscribe today.