The notwithstanding clause was created as a compromise between federal and provincial officials during debates over a new constitution in the 1980s. What does the notwithstanding clause do? Any notwithstanding clause declaration expires after five years, but can be re-enacted indefinitely. The Supreme Court later ruled that the law didn't violate the charter, so the notwithstanding clause didn't need to be invoked. Saskatchewan under then-Premier Brad Wall invoked the notwithstanding clause in 2017 in order to keep Catholic school funding for non-Catholic students.

Source: CBC News September 10, 2018 21:00 UTC