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New Boundaries of Philanthropy and Law By John Pozios, Director, Marcel A. Desautels Centre for Private Enterprise and the Law & L. Kerry Vickar Business Law Clinic Progressive initiatives have forced society to challenge traditional legal forms of organization and their regulatory environment. Historically, entities fit into three general categories: business, non-profit, and government. An emerging fourth sector, the social enterprise, has gained significant traction in Anglo-American law. The social enterprise is best described as a hybrid entity – with characteristics of both business and non-profit ventures. Some common law jurisdictions, in the United States and the United Kingdom, have spliced these characteristics together to consider a variety of new forms. Is it time for Canadian law to move in the same direction? Or, can the existing legal system accommodate this new evolution? 95 ROBSON HALL ALUMNI REPORT
FEATURE Attempts to define “social enterprise” usually involve the use of language like “social purpose” to describe quasi-philanthropic initiatives that are “innovative” and “entrepreneurial”. One is also likely to hear about “double bottom-line” benefits (i.e. financial and social), or, increasingly, “triple bottom-line” benefits (i.e. financial, social, and environmental). Whatever the case may be, it is clear that social entrepreneurs are looking beyond traditional philanthropy to support projects that reinvest profits from operations back into the community while also growing the enterprise. In the second of three biennial symposia sponsored by the Winnipeg Foundation on emerging topics relevant to philanthropy and law, Robson Hall and the Winnipeg Foundation hosted “Law, Philanthropy, and Social Enterprise: New Direction or Distraction?” (the Symposium). The subject matter of the Symposium, held at the Hotel Fort Garry on September 21, 2011, was conceived by Jan Lederman, Partner at Thompson Dorfman Sweatman LLP, who co-chaired the planning committee with Dr. Michelle Gallant, Associate Professor at the Faculty of Law, University of Manitoba. The title was chosen to not only identify the social enterprise trend but also to recognize criticisms against it. In Canada, there has been little deviation from the traditional legal forms of organization. Consequently, any social enterprise initiative must be carefully built within the existing regulatory environment. A charity cannot operate a business unless it is a related business that is linked and subordinate to the charity’s purpose. For example, a charity that has been established to assist the homeless might also own a subsidiary corporation that builds lowincome housing at a (modest) profit. Perhaps the builder employs volunteers and/or members of the community that it serves thereby achieving a number of social goals while maintaining its market- UNIVERSITY OF MANITOBA, FACULTY OF LAW robsonhall.ca 96
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2012 A l u m n i RepoRt robson hall
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CONTENTS 27. 17. PROFILES 17. Abori
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INTRODUCTION continued... research
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BRIEFS An Evening of Excellence 201
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BRIEFS The Idea of a Human Rights M
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BRIEFS DISTINGUISHED VISITOR LECTUR
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Photo courtesy of Joe Byyksa Winnip
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Photo courtesy Joe Bryksa, Winnipeg
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A seminAr series held At the Univer
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law students who face challenges as
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BRIEFS Rebels with a Cause LAW STUD
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BRIEFS REBELS WITH A CAUSE continue
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AWARDS AND PRIZES LIEUTENANT M.M. S
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BRIEFS D.A. THOMPSON, Q.C. PRIZE Bu
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Front-Line Legal Magdalena Siepka -
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“There is often simply no time to
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New York New York Mark Adkins - Cla
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“My prior firm merged with a New
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37 ROBSON HALL ALUMNI REPORT
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education I got at the Manitoba Law
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International Law a Passport to the
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FEATURE Fenwick was given an opport
Page 46 and 47: permanent international criminal co
Page 48 and 49: BRIEFS Cheers to the Charter! ROBSO
Page 50 and 51: BRIEFS Mishpatim Program A Life Cha
Page 52 and 53: Pro Bono Students Open New Campus L
Page 54 and 55: RURAL ROUTES U of M lawyers extol c
Page 56 and 57: FEATURE Recalling his own experienc
Page 58 and 59: Raising funds and awareness Rana Bo
Page 60 and 61: FEATURE Trish Goulet briefly consid
Page 62 and 63: It’s fun being ‘Green’ James
Page 65 and 66: Business Law Education Moves from t
Page 67 and 68: FEATURE Left: Marshall Ring, Biomed
Page 69 and 70: BRIEFS Marcel A. Desautels Centre f
Page 72 and 73: In 1999, the Supreme Court of Canad
Page 74 and 75: New Courses & Program Offerings SEV
Page 76 and 77: Did the Supreme Court of Canada Get
Page 78 and 79: FEATURE JP: Does the Court’s deci
Page 80 and 81: Here at Robson Hall, unlike most No
Page 82 and 83: BRIEFS Moots & Competitions ROBSON
Page 84 and 85: Faculty Research Report 2011 - 2012
Page 86 and 87: Meet Our New Dean DR. LORNA A. TURN
Page 88 and 89: Faculty News TENURES AND PROMOTIONS
Page 90 and 91: BRIEFS Faculty Awards & Achievement
Page 92 and 93: The Gender Divide In Corporate Law
Page 94 and 95: Students questioned whether they sh
Page 98 and 99: oriented approach. The double botto
Page 100 and 101: Alumni News HOMECOMING 2011 & REUNI
Page 103 and 104: Alex Forrest - Class of 1995 By Mar
Page 105 and 106: PHOTO BY SEAN KILPATRICK / THE CANA
Page 107 and 108: FEATURE lesser extent Dreyfus, they
Page 109 and 110: FEATURE Churchill’s viability as
Page 111 and 112: 1995 Gary Gervais, founder and pres
Page 113 and 114: Class Notes continued... 2008 Danie
Page 115 and 116: Osprey Capital Partners is a proud
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