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FEATURE<br />
Attempts to define “social enterprise” usually involve<br />
<strong>the</strong> use <strong>of</strong> language like “social purpose” to describe<br />
quasi-philanthropic initiatives that are “innovative”<br />
and “entrepreneurial”. One is also likely to hear about<br />
“double bottom-line” benefits (i.e. financial and social),<br />
or, increasingly, “triple bottom-line” benefits (i.e.<br />
financial, social, and environmental). Whatever <strong>the</strong><br />
case may be, it is clear that social entrepreneurs are<br />
looking beyond traditional philanthropy to support<br />
projects that reinvest pr<strong>of</strong>its from operations back into<br />
<strong>the</strong> community while also growing <strong>the</strong> enterprise.<br />
In <strong>the</strong> second <strong>of</strong> three biennial symposia sponsored<br />
by <strong>the</strong> Winnipeg Foundation on emerging topics<br />
relevant to philanthropy and law, <strong>Robson</strong> <strong>Hall</strong><br />
and <strong>the</strong> Winnipeg Foundation hosted “<strong>Law</strong>,<br />
Philanthropy, and Social Enterprise: New Direction<br />
or Distraction?” (<strong>the</strong> Symposium). The subject<br />
matter <strong>of</strong> <strong>the</strong> Symposium, held at <strong>the</strong> Hotel Fort<br />
Garry on September 21, 2011, was conceived by Jan<br />
Lederman, Partner at Thompson Dorfman Sweatman<br />
LLP, who co-chaired <strong>the</strong> planning committee with Dr.<br />
Michelle Gallant, Associate Pr<strong>of</strong>essor at <strong>the</strong> <strong>Faculty</strong> <strong>of</strong><br />
<strong>Law</strong>, University <strong>of</strong> Manitoba. The title was chosen to<br />
not only identify <strong>the</strong> social enterprise trend but also<br />
to recognize criticisms against it.<br />
In Canada, <strong>the</strong>re has been little deviation from <strong>the</strong><br />
traditional legal forms <strong>of</strong> organization. Consequently,<br />
any social enterprise initiative must be carefully<br />
built within <strong>the</strong> existing regulatory environment.<br />
A charity cannot operate a business unless it is a<br />
related business that is linked and subordinate to<br />
<strong>the</strong> charity’s purpose. For example, a charity that<br />
has been established to assist <strong>the</strong> homeless might<br />
also own a subsidiary corporation that builds lowincome<br />
housing at a (modest) pr<strong>of</strong>it. Perhaps <strong>the</strong><br />
builder employs volunteers and/or members <strong>of</strong><br />
<strong>the</strong> community that it serves <strong>the</strong>reby achieving a<br />
number <strong>of</strong> social goals while maintaining its market-<br />
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