When is murder considered to be 1st Degree?

Planned and deliberate
The victim is a police officer, sheriff, warden, jail guard, or prison employee
Person commits an offence under Section 423.1 (Intimidation of Participant in the Justice System)
Commits any indictable offence where the act or omission constitutes terrorist activity

Section 77 is not a part of this, however section 76(1) Hijacking aircraft, as well as Section 81 using explosives. There are other sections involved as well such as Sections 271-273 (sexual assault cases), 279 (Kidnapping and unlawful confinement), 279.1 (hostage taking), and section 264 if the person who was murdered had been criminally harassed and was fearful for their own safety and for the safety of the people they know.