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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-
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