What is the duration of a legislative override using the notwithstanding clause?

The duration of a legislative override using the notwithstanding clause, found in Section 33 of the Canadian Charter of Rights and Freedoms, is that it automatically expires after 5 years. This provision allows Parliament or provincial legislatures to pass laws that operate notwithstanding certain provisions of the Charter, effectively allowing them to override certain rights and freedoms for a specified duration.

The five-year limit ensures that such overrides are not permanent, allowing for regular review and public debate regarding their necessity and impact. After five years, the legislature must either renew the override, subject to the same possibility of expiry, or it will lapse, leading to the restoration of the rights initially overridden. This mechanism balances legislative power with the protection of individual rights by imposing a time limit on the use of such overrides, thereby requiring periodic accountability.

Other options suggest scenarios that do not align with the established process of the notwithstanding clause, such as indefinite durations or renewal requirements that do not match the Charter's provisions.