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Real Estate by the Real Estate Council of Ontario in its Registrar's Bulletin, which cautions against using e-signatures in purchaseand-sale agreements in Ontario prior to the change in legislation and compares it to the position taken by the Real Estate Council of Alberta in an Information Bulletin, which finds they are acceptable in Alberta. Alberta's position is emphasized in Leoppy v. Meston, where the Alberta Court of Queen's Bench held a house could be sold by exchange of e-mails, despite the exclusion of land transactions from Alberta's e-commerce statute. The use of electronic signatures is key in the evolution of the justice system to fully exploit all technology has to offer, suggests Patrick Cormier, CEO of the Canadian Centre for Court Technology, but there are jurisdictional challenges as well as difficulties in processes. When it comes to real estate transactions, for instance, land registry offices must be equipped to deal effectively and securely in the digital world for them to accommodate electronic signatures. "In each province, in each court, there's a different IT model. This creates a complex arrangement that is very difficult," he says. "At the heart of it are signatures, electronic signatures." Through its study last year, Analysis of Digital & Electronic Signatures in the Canadian Justice Sector, the centre tried to provide a framework with a purposedriven approach by offering the legislative tools needed to change the laws. It lays out five attributes required for an electronic signature to become part of the permanent record, however they don't necessarily apply in law: • it is a permanent record, • is well bound to a document, • have evidence of a specific purpose, • be traceable, • and be personal to an individual. Cormier sees the electronic signature as having the potential to be more reliable than the paper version and eventually, it will be universally accepted. As the generation which has been raised on computers and the Internet matures, it will more readily embrace the digital world. "There is resistance, but this will wither over time," he says. "There's a shift in culture." While electronic signatures are an effective replacement of a "wet" signature, the next step up, the digital signature, is considered more secure. It includes role-based attributes often used with professional associations. Essentially what is required is an encryption pattern unique to the individual that is affixed to the document, commonly a pdf, which can't be altered. If the professional organization issues a digital signature, it can also revoke it if the individual is no longer a member in good standing. The idea of a digital signature is to create an authentic identity for an individual who frequently uses digital documents, like a lawyer. "The electronic signature will just replace the action of signing with a pen. The digital signature is the higher standard," says Christian Sarailis, who practices business law and commercial litigation in Quebec City. "The electronic signature, by itself, is actually something anybody can use. For a normal citizen, the effectively argue your position in a preliminary inquiry New PublICaTION PrelImInary InquIry Handbook LLOyd LOmbard Whether your role is to present, argue or rule on cases pre-trial, the Preliminary Inquiry Handbook is an essential resource. This new book is the first Canadian publication to clearly explain how the 2004 amendments to Part XVIII of the Criminal Code – designed to streamline the preliminary inquiry process – have affected the court's administration of one of the most complex procedures in criminal law. order # 985479-65203 $85 Softcover approx. 200 pages may 2013 978-0-7798-5479-0 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. Preliminary Inquiry Handbook provides a comprehensive review of the law surrounding the preliminary inquiry and related amendments, and compares how the courts have dealt with the key issues before and after 2004. It discusses the clear divide – both pre- and post-reform – concerning the courts' views regarding whether discovery has a role in the preliminary inquiry process and the provisions governing applications to examine and cross-examine witnesses. The author examines both lines of judicial reasoning. Other topics addressed include notices, focus hearings, and the reviewing and appellate court's jurisdiction to rule on a preliminary inquiry justice's rulings. This book also includes sample precedent forms for your use. available risk-free for 30 Days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 24 November/December 2013 www.CANADIAN L a w ye r m a g . c o m

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