The jury will not be in the room as the judge hears arguments from the lawyers at the first-degree murder trial of Michael Rafferty.
Tori was abducted shortly after school let out on the afternoon of April 8, 2009 in Woodstock, Ont., and her body was found 103 days later.
Rafferty, 31, has pleaded not guilty to first-degree murder, sexual assault causing bodily harm and kidnapping.
His former girlfriend Terri-Lynne McClintic, 21, is already serving a life sentence after pleading guilty two years ago to first-degree murder in Tori's death.
McClintic testified last week that she killed Tori with a hammer after Rafferty sexually assaulted the Grade 3 student — but she had originally told police it was Rafferty who killed the girl.
McClintic is expected to return to the stand Wednesday.