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My name is Francis (Frank) Dwyer. I am an 85-year-old self-represented litigant from British Columbia pursuing a unique civil action involving serious and unresolved legal questions concerning advance directives, patient autonomy, substitute decision-making, and end-of-life medical treatment.
This case arises from the care of my late wife, Janice, in long-term care, and concerns whether clearly expressed end-of-life wishes and lawful advance directives were properly respected.
In April 2026, the Supreme Court of British Columbia dismissed an application brought by a BC health authority seeking to strike significant portions of my claim before trial. The Court granted me leave to amend my claim and awarded costs in my favour, allowing the matter to proceed. While costs were awarded, payment has been disputed and deferred by the defendant authority, pending final resolution of the litigation, creating an additional practical burden for me as a self-represented litigant. Our case is BC Supreme Court Cranbrook registry no. 33062. (There was a five hour hearing on August 28, 2025 in which I prevailed. If interested you can obtain the judgement from BC SC Court Services or contact me for a pdf copy; a public document).
The issues raised extend beyond one family. They concern the dignity and legal rights of vulnerable persons, particularly at end of life.
Legal scholars and advocates, ones familiar with health law, medical ethics, and legal consent, have advised me that the case may carry broader significance, may be landmark. Notably, Dr. Thaddeus Mason Pope, widely respected scholar in medical law and clinical ethics, has congratulated me on the progress of the case, while expressed the view that the issues raised may be among the first of their kind in North America concerning advance directives and end-of-life treatment. Raises issues concerning:
• the legal force of advance directives,
• the right to refuse medical treatment,
• the role of substitute decision-makers, and whether a novel duty of care is merited for essential care partners who provide direct care.
• and accountability within long-term care and public health institutions.
I am not a lawyer. I am pursuing this matter myself because I believe these issues deserve careful examination before the courts and matter to many Canadian families, for many disabled adults.
Although I represent myself, litigation carries ongoing expenses including:
• court filing fees,
• affidavits and document preparation,
• records and copying,
• service and mailing costs,
• and legal research and procedural expenses.
To date, I have incurred approximately $3,200 in direct litigation disbursements, along with hundreds of hours of unpaid work devoted to preparing materials and navigating the legal process. I am now facing additional costs for court filings and work associated with seeking pro bono legal counsel in readiness for trial.
The fundraising goal of $10,000 is intended to help cover ongoing litigation-related costs and associated public-interest advocacy connected to the case.
I cannot promise any legal outcome. The allegations in the action remain to be proven in court. However, I remain committed to pursuing the matter respectfully, carefully, and in good faith through the legal system.
If you believe these issues deserve proper public and legal examination, I would be deeply grateful for your support — whether through a contribution, sharing this page, or helping raise awareness about advance directives and patient autonomy in Canada. Any funds received in excess of my initial legal costs, nominal compensation for legal research/drafting, any disbursements, will be assigned in final accounting to a charity such as Dying with Dignity Canada.
Thank you sincerely,
Francis Dwyer
Cranbrook, British Columbia

