[Maceman]

Just means it wasn’t premeditated, and there’s no indication at this point that it was.

As I understand it, the time period that defines premeditation can be as short as a few seconds -- just long enough for the perp to form "intent."

Hard to see how the perp's actions in this case don't meet that standard.

[VeniVidiVici]

Not premeditated? LOL!

Oops!! Sorry, old chap, I meant to stab the guy in the seat behind you!

[Citizen Blade]

As I understand it, the time period that defines premeditation can be as short as a few seconds -- just long enough for the perp to form "intent."

That's the rule in only a minority of jurisdictions, IIRC from law school. Most jurisdictions require more than that to bump a murder up to 1st degree. Most Canadian provinces are common-law jurisdictions, so they probably follow the majority rule.

It could also be that this guy is pretty nuts, so that it would be tough to prove that he has the requisite mental state to commit 1st degree murder.

But the prosecution probably has the option of dropping these charges and re-filing this as 1st degree, if they get more evidence.