Efforts by Premier John Horgan’s government to block the Trans Mountain pipeline expansion have been dealt a major blow by the BC Court of Appeal.

The five judge panel ruled the province does not have the constitutional power to restrict the shipment of oil through it’s border, saying only Ottawa can make that call.

Justice Mary Newbury says the proposed legislation was not just an environmental law of “general application” but was targeted specifically at one substance in a single interprovincial pipeline, namely the proposed Trans Mountain expansion project.

Today’s decision is a win for the project, which Ottawa purchased for $4.5 billion dollars. It’s also good news for Alberta and their efforts to get their oil shipped overseas.

This doesn’t mean the end of the fight though; B.C. Attorney General David Eby has confirmed the province will appeal the ruling to the Supreme Court of Canada.

Eby was asked about the mounting legal costs being born by taxpayers.

“In terms of the financial costs of going to court to clarify this question and to clarify the extent of our jurisdiction it is a fraction of a fraction of the cost of a catastrophic diluted bitumen spill. In terms of the impacts on the economy, on jobs, and just cleaning up the mess so we think it is worthwhile.”

The MLA for the Kamloops-South Thompson, Todd Stone, says today’s decision by the Horgan government will prove costly.

“You’re talking about dozen of taxpayer-funded lawyers. This at the end of the day is going to end up costing British Columbia taxpayers many millions of dollars in legal fees. All because John Horgan wants to appease his Green Party colleagues and his activist friends,” Stone says.

He adds the government would be better off “laying down the tools” in the fight against the pipeline.

“Let’s make good again with our neighbours in Alberta. Let’s get behind the Trans-Mountain expansion project, which will not just help to reduce fuel prices at the pumps here in B.C. but will also create a tremendous amount of economic activity and good paying jobs, in Kamloops and across British Columbia.”

Meanwhile, the MLA for Kamloops North Thompson and Opposition Environment Critic Peter Milobar says the fact that province quickly appealed the Court of Appeal ruling suggests they knew it was going to be a losing battle.

“One of the comments that was cited in the ruling was actually from Minister George Heyman that he went on the record about how they don’t have the ability to stop this,” Milobar said. “There’s the Minister of Environment, those quotes being used in this latest court ruling showing that the government knows full well that they don’t have the jurisdiction they have.”

Milobar says the province should get on with the project that is in the best interest of the Canadian economy.

“This is been a very clearly stated position all the way through this. Other than the environmental groups that do not want to see the pipeline proceed, I can understand those environmental groups wanting to take this to the bitter end. But it’s time for the Premier and the Attorney General to stop giving false hope to these groups.”

Both Alberta Premier Jason Kenney and former Alberta Premier Rachel Notley took to Twitter to react to the court ruling.

Their tweets are below.

– with files from Colton Davies & Victor Kaisar