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New Boundaries <strong>of</strong><br />
Philanthropy and <strong>Law</strong><br />
By John Pozios, Director, Marcel A. Desautels Centre for Private Enterprise and <strong>the</strong> <strong>Law</strong><br />
& L. Kerry Vickar Business <strong>Law</strong> Clinic<br />
Progressive initiatives have forced society to challenge traditional legal forms <strong>of</strong><br />
organization and <strong>the</strong>ir regulatory environment. Historically, entities fit into three<br />
general categories: business, non-pr<strong>of</strong>it, and government. An emerging fourth sector,<br />
<strong>the</strong> social enterprise, has gained significant traction in Anglo-American law. The social<br />
enterprise is best described as a hybrid entity – with characteristics <strong>of</strong> both business<br />
and non-pr<strong>of</strong>it ventures. Some common law jurisdictions, in <strong>the</strong> United States and<br />
<strong>the</strong> United Kingdom, have spliced <strong>the</strong>se characteristics toge<strong>the</strong>r to consider a variety<br />
<strong>of</strong> new forms. Is it time for Canadian law to move in <strong>the</strong> same direction? Or, can <strong>the</strong><br />
existing legal system accommodate this new evolution?<br />
95 ROBSON HALL ALUMNI REPORT