CJMS 1040 AM has gone off the air again, and this time it could be for good.
On Dec. 22, a three-judge panel of the Federal Court of Appeal dismissed an application by CJMS owner Groupe Média PAM Inc. for leave to appeal a decision by the Canadian Radio-television and Telecommunications Commission that refused to renew the station’s licence.
Judges Marc Nadon, Richard Boivin and Marianne Rivoalen rejected the request by CJMS to overturn the decision and keep the station on the air.
On Sept. 14, two weeks after the licence expired (and after a first attempt was rejected as not following proper procedure), Judge Denis Pelletier granted a temporary injunction allowing the station to keep operating while the application to appeal was heard. With the decision rendered, that injunction becomes moot and CJMS was forced to shut down.
CJMS’s argument was that the CRTC treated it unfairly, and should not have given any weight to licence violations committed by the station’s previous owner (Jean Ernest Pierre, who also owns Haitian station CJWI 1410 AM, bought CJMS in 2014 after the last time the CRTC threatened to pull its licence).
The decision is unsurprising. In two previous cases cited by CJMS in its application, the court also sided with the CRTC and ordered the stations off the air.
Meanwhile, the CJMS brand continues as an online-only station run by former host Jocelyn Benoit. On the same day the court rendered its decision, Benoit announced the appointment of a vice-president, Chantal Normandin.