What are a number of cases that support the argument that objection to admissibility of evidence is to be made at the time the evidence is tendered?

Alberta, Canada


The following excerpt is from R. v. Morgan, 1983 CanLII 1122 (AB QB):

These cases are not directly on point as they involved appeals against conviction where the issue of a substantial miscarriage of justice is relevant. I have referred to these cases for the purpose of emphasizing the fact that the courts have consistently held that an objection to admissibility of evidence is to be made at the time the evidence is tendered, and that the failure to do so may be fatal to an appeal on that issue unless a substantial miscarriage of justice resulted. In Kissick v. R., 1952 CanLII 27 (SCC), [1952] 1 S.C.R. 343, 14 C.R. 1, 102 C.C.C. 129, Fauteux J. summarized these authorities as follows at p. 154: These authorities are sufficient to support the proposition that, as to the consequences of the failure to object, there is no steadfast rule, and that, while the failure to object to inadmissible evidence is not always fatal, it cannot be said that it is never so.

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