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Aylmer police Chief Zvonko Horvat said last week his officers would lay charges under an Ontario emergency order imposed to slow the spread of COVID-19 if the Church of God held the drive-in service, as it has done twice this month.

But The Alberta-based Justice Centre for Constitutional Freedoms says police don’t have the right to ban drive-in services.

“The Charter of Rights isn’t suspended just because we have an emergency facing our society. There are measures that are going to be justifiable that do restrict the freedoms we normally have,” Lisa Bildy of the justice centre said in an interview Sunday. “But there is a balancing act that has to happen and there always has to be a minimal impairment of those fundamental freedoms.”

The Church of God and other churches across Canada have come with solutions that allow congregations to worship together safely, said Bildy, a London lawyer.

“They’re not doing anything to jeopardize anybody’s health. I think there should be some accommodation from the authorities as well,” she said. “Parking lots all over the community are filled with people. If it’s in front of a store, it’s fine, but put it in front of a church and somehow it now becomes a problem.”

Bildy said she was waiting to see what Aylmer police would do before considering next steps.

Aylmer police were notified about both of the previous services and sent officers to monitor the gatherings, Hildebrandt said in an earlier interview.

A constable confirmed that officers witnessing the service last Sunday saw no violations, Hildebrandt said.

But a photograph of the church’s parking lot full of cars was posted on Facebook, generating negative comments to police, Hildebrandt said.

Individuals caught breaking Ontario’s emergency orders could get slapped with a $750 ticket. In more serious cases involving a court summons, convictions carry a maximum fine of $100,000 and up to one year in jail.

The fine increases to $500,000 for company directors and $10 million for corporations.

Hildebrandt said he has tried working with police, offering to pay officers to watch the service if that’s necessary to ensure safety measures are followed.

“I have tried every which way. But the chief, I would say he is on the wrong side of history. This morning this was the safest parking lot as far as COVID-19, this was the safest parking lot in town, by far.”

About 300 metres down the road from the church, people are allowed to park at the liquor store, get out and buy alcohol without any legal trouble, Hildebrandt said.

“We absolutely do not want to cause unnecessary disturbances in Aylmer. I don’t want to cause trouble. But I saw no way around it,” Hildebrandt said. “I know we were with God’s blessings this morning. We plan to be here next Sunday, the Lord willing.”