A Kelowna courtroom was packed with supporters, on Nov. 22, of a woman who was to be sentenced for stabbing her common-law partner in 2020. Nearly four years after the fatal incident – which unfolded in Kelowna's Black Mountain neighbourhood – Marlena Isnardy, 36, was sentenced to two years in prison after previously pleading guilty to the manslaughter death of Matthew Cholette.
Isnardy and Cholette were common-law partners and had been living together with their two young children at the time of the incident.
“They had a volatile relationship," said Justice Milman while delivering his sentencing decision to the Kelowna courtroom on Nov. 22.
He told the court that both Isnardy and Cholette were struggling with substance abuse and were violent towards each other. Because of the ongoing "toxic relationship," which included physical abuse, there was an order in place prohibiting Cholette from having contact with Isnardy.
However, on the night of Dec. 13, 2020, Isnardy left her home to drink alcohol with her neighbours. While out of the house, she began texting Cholette about substance abuse and childcare, sparking a fight between the pair. When Isnardy returned home, Cholette was allegedly already at the house, located just off Highway 33, and a physical altercation ensued.
According to video evidence and witness testimony that was presented to Justice Milman, Isnardy told Cholette to leave and he refused. While she was holding one of their children, Cholette hit, punched and pulled the hair of Isnardy. He also allegedly pushed her down the stairs in her home. Then, as he was leaving the house and putting on his boots, Isnardy stabbed him in the back.
An ambulance was called and both Isnardy and her neighbours attempted to help Cholette before he died.
Isnardy told the court that she deeply regrets her actions and has used the traumatic night to make positive changes, for herself, her children and her community.
Justice Milman said that since the death of Cholette, Isnardy has been able to take remarkable strides towards a better life.
"She has managed to shine rays of light amidst the darkness,” said Justice Milman.
He told the court that Isnardy is an Indigenous woman who is a survivor of inter-generational trauma and is motivated to stop the cycle of trauma for her children.
Isnardy's parents and grandparents are survivors of residential schools. Throughout her childhood, Isnardy suffered sexual, physical and emotional abuse. Since the night of the incident, Isnardy has vowed to make positive changes for herself, her children and others in her community.
"She wishes to shelter her children from the darkness that has enveloped her family," said Justice Milman.
He said that Isnardy has been sober and gainfully employed since the incident. She has been raising her two children and has been participating in cultural and community programming to reconnect with her culture and help others.
“She is an inspiration to others," said Justice Milman, after reading the numerous letters of support for Isnardy that were submitted by her colleagues and friends.
While she was not charged on the night of the incident, Isnardy was arrested and charged with second-degree murder approximately two years later, in February 2022.
She was released from custody on bail two months later and entered a guilty plea for the lesser charge of manslaughter in April 2022.
She has been sentenced to two years in custody, followed by a three-year probation order.
