A B.C. Supreme Court judge has ordered two accused polygamists to resubmit their arguments to have their case tossed out, stalling the hearing for Winston Blackmore and James Oler until September.

The men are each charged with one count of polygamy and claim abuse of process, alleging the province's attorney general shopped for a special prosecutor that would agree to lay charges.

The actual polygamy charge against Blackmore and Oler is being heard in provincial court.

The Supreme court request to refile the abuse of process claim as a judicial review of provincial law, rather than an application under criminal law, could allow the higher court to have jurisdiction.