Abstract The argument is presented that the state's use of the override (s.33) clause in the Canadian Charter to infringe certain rights and freedoms is constitutional only when in accord with s.1 (where it can ‘be demonstrably justified in a free and democratic society’). The argument is supported by textual analysis of the Charter and reference to the intent of the framers that s.33 be used to protect democracy. The Charter thus integrates human rights, democracy and the rule of law so as to make them inseparable. The ‘rule of law’ requires that the courts be a check on the legislature and not vice versa. Only then will the values and guarantees enshrined in the Charter be protected and enforced for the benefit of every member of Canadian society as they must be if the state is to meet the international law criteria for a democratic state.