Final answer:
After the five-year term of a notwithstanding clause, the legislative body must decide whether to renew the clause. If not renewed, the law may face constitutional challenges that were previously overridden by the clause.
Step-by-step explanation:
When the notwithstanding clause reaches the end of its five-year term, the law is not automatically repealed or declared invalid; rather, the legislative body that enacted the law with the notwithstanding clause has the option to review and potentially renew the clause for another five-year period. This means that the law associated with the notwithstanding clause could persist if the legislature decides to actively renew the clause. If not renewed, the protections overridden by the clause would come back into effect, which could result in the law being challenged and potentially struck down in court for being unconstitutional.
The notwithstanding clause can be used for a period of up to 5 years, after which the law in question is no longer valid. This means that the rights and freedoms protected by the Charter are fully restored and the law cannot be enforced. For example, if a provincial government passes a law that infringes upon a fundamental right protected by the Charter, they can include a notwithstanding clause that allows the law to be valid for 5 years, even though it may violate the Charter. After the 5 years, the law would expire and would no longer have any legal effect.