In a strongly worded ruling, Justice Marceau called the Alberta Government's actions "tainted" and concluded, "It is difficult to envision a more direct apprehension of bias," in the government's decision to improperly exclude the Pembina Institute's evidence and participation.

"We are pleased to see that this error has been corrected," says Simon Dyer, policy director for the Pembina Institute. "Albertans have a right to a fair oilsands regulatory process including the right to be heard and raise concerns about oilsands development."

The Pembina Institute filed a Statement of Concern with Alberta Environment and Sustainable Resource Development in 2012 to gain standing to express concerns about the second phase of Southern Pacific Resource Corp's proposed in situ oilsands project on the MacKay River near Fort McMurray.