<bbm>
The qualifiers for first degree murder aren't just any crime; they are very specific
Yes, you're right.
In the U.S., it
is the case, provided the death occurred during the commission of a felony (not a lesser crime), that a first degree murder charge will follow. For instance, after a bank heist where a teller fell and broke her neck, or a convenience store robbery where the assailant accidentally fired his gun.
In Canada, this is not so, although the site you linked to lists all the applicable exceptions here.
In such cases, neither premeditation nor intent to kill is necessary.
We don't know what other witnesses may be going to add. For instance, did either or both talk about "committing the perfect crime," or about killing somebody "for fun" or even taking somebody captive for ransom, or whatever? If so, that would show intent to commit one of these actions that automatically engenders a first-degree murder charge. One of Millard's friends apparently could testify to something sufficiently damaging that Millard asked CN to get that person to agree to change his story on the stand, according to the Crown's opening statement, which can be found on the other thread, and also printed in full here:
http://www.annrbrocklehurst.com/2016/02/tim-bosma-trial-the-crowns-opening-statement.html.
Hmm.
There appears to have been a good deal of planning to this event, though what its actual purpose was is not clear. DM did not need to steal a truck or anything else, so vehicle theft seems a weak motive. On the other hand, shades of the Loeb-Leopold case long ago:
http://history1900s.about.com/od/1920s/qt/Leopold-Loeb.htm
..it may be something planned for "excitement."
In the end, the Crown will have to prove premeditation/intent to kill (before the fact) or intended abduction/forcible confinement to make a first degree murder charge stick.
All along they - Crown and police - have played their cards very close to the chest, so to speak, and good for them. Motive here is the missing piece but they may well have it, just yet to be revealed.
