CJMS 1040 goes off the air after court rejects appeal of CRTC decision

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.

8 thoughts on “CJMS 1040 goes off the air after court rejects appeal of CRTC decision

  1. Anonymous

    Je crois qu’il y a confusion de votre côté..
    CJMS 1040 et CJMS 2.0 n’ont aucun lien ensemble
    leur lettre. Le 1040 continue sur le web au
    http://www.cjms1040.ca de même que celle de M.Benoit
    sur cjms.ca…
    Chantal Normandin a annoncé moins d’une
    semaine après sa nomination son retrait de
    CJMS 2.0. Elle ne fait plus partie de l’équipe.

    Reply
    1. Anonymous

      Bonjour MICHEL MATHIEU, je ne comprends pas, que vous qui êtes le fondateur de cette station de radio, vous teniez à tout prix sa fermeture! Peut-être que le propriétaire n’était pas du tout le genre pour ce genre de musique. Vous qui êtes un spécialiste de la radio au Québec, pourrait-on espérer une suite à celà comme recréer une station radio de musique country à Montréal mais sur la bande FM?

      Reply
  2. Anonymous

    Can they continue using the CJMS 1400 on their website?
    Isn’t that call sign property of the Canadian Government. Assigned to the Government of Canada? And to be used and assigned by Canada.

    I believe there are international rules related to Call Sign use.

    Reply
    1. Fagstein Post author

      Can they continue using the CJMS (1040) on their website?

      Using the frequency would be confusing if they’re not broadcasting there, but potential callsigns are not reserved in a way that would prohibit them from being used as brands. So long as they’re not using it as an actual radio callsign (which they’re not if they’re only online), I don’t see an issue.

      Reply
  3. Anonymous

    This was inevitable.

    The CRTC rarely uses their powers to take stations right off the air, and the rare times they have done it has been supported every time by the courts if challenged.

    The change of ownership of CJMS didn’t magically make the past go away. When the station was sold you get the equipment AND the baggage. That the new ownership pretty much failed in a similar manner to the previous one says that the problem may have well been ingrained.

    It’s only too bad that it’s an AM station, considering few if any want to start there anymore.

    Reply
    1. Michael Black

      It will also mean that WBZ out if Boston returns with no interference.

      It’s at 1030, and I used to listen to it overnight until CJMS went on the air. Even with a good radio, the adhpjacent channel interference made listening unpleasant.

      Reply

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