52. 对 20 世纪后还持续了很多年的殖民主义伤害作出赔偿的一个例子同时也以实例显示了必要的政治意愿、动力和想象力所能够取得的成就。从 19 世纪末到1996 年，加拿大政府运行了印第安人寄宿学校系统，目的是通过剥夺土著儿童的传统、习俗、价值观和语言以同化他们。这一系统包含了“所采用的蓄意的和往往是残忍的策略以破坏家庭和社区的纽带”。165大约三分之一的儿童受到身体、性和情感的虐待。166 20 世纪 90 年代初，以前的学生通过对政府和涉足的教会发起集体诉讼以争取对他们在次系统中遭受的虐待获得补救。第一民族大会的不懈努力终取得成果，其中尤其包括 2006 年的《印第安寄宿学校案和解协议》，这是一项对诉讼的庭外和解协议，牵涉到近 15 000 名过去的学生。协议得到 70 多个缔约方的签署，包括加拿大政府、多数的主要教会以及土著组织和法律顾问。这项集体诉讼和解估计价值约达 50 亿加元，是加拿大数额最大的一宗案例。167 对此所作的赔偿包括承认过去的劣行、提供赔偿、而康复措施包括身心健康服务、法律服务、教育援助并建立了加拿大真相与和解委员会。168参与结案的首席谈判代表解释说，只有在搁置传统上开放的侵权和民法方面法律框架，转用土著法律和法律传统之后，这样的结局才成为可能。169
52. An example of reparations for colonial harm that persisted well into the twentieth century offers an example of what can be achieved when the requisite political will, mobilization and creativity is present. From the late 1800s to 1996, the Government of Canada operated the Indian Residential School System with the goal of assimilating indigenous children by stripping them of their traditions, customs, values and languages. As part of the System, “deliberate and often brutal strategies were used to destroy family and community bonds”.165 Approximately one in three children were subjected to physical, sexual and emotional abuse. 166 In the early 1990s, former students sought redress for the abuses they suffered while in the System by launching class-action lawsuits against the Government and the churches involved. The persistent efforts of the Assembly of First Nations, among others, resulted in the Indian Residential Schools Settlement Agreement of 2006, which was an out-of-court settlement of a lawsuit involving almost 15,000 former students. It was signed by more than 70 parties, including the Government of Canada, most major churches, as well as indigenous organizations and legal counsel. With an estimated worth of about Can$ 5 billion, it was the largest class action settlement in Canada.167 Reparations in that context included acknowledgment of past wrongs, compensation, rehabilitative measures including physical and psychological health services, legal services, educational support and the establishment of the Truth and Reconciliation Commission of Canada. 168 The chief negotiator involved in the settlement has explained that it was only made possible by setting aside conventional liberal legal frameworks of tort and civil law in favour of indigenous law and legal traditions. 169