So if I set out to kill as many random non-specific people as possible, that is not first degree? I always thought that first degree was if I planned it. Second degree is if I intended to do it. I did not realize that first degree was planned for specific person. Seems like a bit of a loophole to me.
Pretty much. First-degree can apply in the situation you describe, but it's a tough lift. The "classic" first-degree murder is where you hate Fred Farkle cuz he done ya wrong, so ya get yer shootin' iron down off the wall, load her up, and head out to Fred's place to give him some hot lead payback. As Tax says, his mental health "issues" could make "actual malice" hard to prove. I think the Crown is right here. It's clearly got nine second-degree convictions in the bag, though I could, and for enough money would, argue that the intent wasn't there for any degree of murder, and it should be manslaughter. Or if I got real creative, offer to plead him guilty to "improper parking."