MIDDLESEX COUNTY, ONT. -- Aylmer, Ont. police have not charged attendees at a drive-in church service on Sunday, but say they have collected evidence and are working with the Crown attorney.

They are considering whether the service violated the province’s Emergency Order that prevents a group of five or more people from gathering.

Police say there were 61 vehicles gathered in the Church of God parking lot on Sunday, with several people inside each listening to the service on FM radio.

This is reportedly the third Sunday that police have had to deal with complaints from the community that the gathering violates provincial orders.

But London, Ont. criminal lawyer Nick Cake, who is familiar with the case, argues that because people are not getting out of their cars and interacting with each other, it does not qualify as a gathering.

Police say they have taken a “measured and least intrusive approach in dealing with this community issue,” speaking with organizers to find alternative solutions.

Now however, they will review the evidence collected Sunday and, along with the Crown attorney, decide if the laws apply to this situation.

Church of God responds

In a letter issued to media Tuesday afternoon aiming to "set the record straight," Pastor Henry Hildebrandt said the church had permission to continue with the drive-in services and were, in fact, encouraged to do so in the weeks prior to the most recent service.

"Had we sought permission for these services and been denied, we would have continued with our livestreamed services only. But, with the permission and continued coordination with the police service, we planned for another drive-in service on Sunday, April 19th."

He goes on to say that they are distrubed the police videotaped the service and vow to continue, “Provinces across Canada and countries around the globe are endorsing drive-in services as a temporary measure as it is impossible to have a gathering without having physical proximity.”

Letter from Church of God in Aylmer