What is the test for an individual to be charged within a reasonable time?

Section 11 (b) of the Charter provides that any person charged with an offence has the right to be tried within a reasonable time. A person is charged the moment an actual charge is laid or in exceptional circumstances at some earlier date: Carter v. R. Exceptional circumstances occur when the right of an individual to liberty and security or the right to make full answer and defence and to a fair trial is impaired. Under s. 11 (b) the right to liberty is impaired when liberty is restrained unreasonably. Under s. 11 (b) the right to security of the person is impaired when a person stands for an unreasonable period of time before the community accused of committing a crime. The right to a fair trial is not involved in this case. It is not an exceptional circumstance when the appellant, with the advice of counsel, chooses to sign a form entitled "Promise to Appear", which in the circumstances of the case had no legal validity. As a matter of substance, the rights of the appellant under s. 11 (b) did not begin to be impaired prior to the laying of the actual charge in this case. From that date to the date of trial was not an unreasonable time. Thus, a breach of s. 11 (b) has not been established.